13:0072(17)AR - Bureau of Alcohol, Tobacco and Firearms, San Juan, PR and NTEU Chapter 109 -- 1983 FLRAdec AR



[ v13 p72 ]
13:0072(17)AR
The decision of the Authority follows:


 13 FLRA No. 17
 
 BUREAU OF ALCOHOL, TOBACCO
 AND FIREARMS, SAN JUAN,
 PUERTO RICO
 Activity
 
 and
 
 NATIONAL TREASURY EMPLOYEES
 UNION CHAPTER 109
 Union
 
                                            Case No. O-AR-241
 
                                 DECISION
 
    This matter is before the Authority on exceptions to the award of
 Arbitrator James J. Sherman filed by the Union under section 7122(a) of
 the Federal Service Labor-Management Relations Statute (the Statute) and
 part 2425 of the Authority's Rules and Regulations.
 
    The dispute in this matter concerns the scheduling of a training
 course at such a time that the grievants in order to attend the training
 were required to travel during nonwork hours for which they are not
 compensated.  A grievance was filed and submitted to arbitration.
 
    The Arbitrator stated the issue to be resolved as follows:
 
          Whether the Agency violated the collective agreement by failing
       to schedule and arrange for travel, connected with a mandatory
       Agency training course, to occur within regular work hours, and,
       if so, what is the appropriate remedy?
 
 The Arbitrator essentially determined that a violation of the parties'
 collective bargaining agreement had not been proven, and accordingly he
 denied the grievance.
 
    In its exceptions the Union essentially claims that the award is
 deficient because the Arbitrator failed to address or resolve the issue
 of whether two of the grievants were entitled to be compensated for
 their travel time pursuant to the Fair Labor Standards Act.  Thus, the
 Union contends that the Arbitrator exceeded his authority and the award
 does not draw its essence from the collective bargaining agreement.
 
    The Authority finds that the Union's exceptions provide no basis for
 finding the award deficient.  It is not apparent that the parties
 jointly stipulated and submitted for resolution by the Arbitrator the
 issue of whether the grievants were entitled under the Fair Labor
 Standards Act to have been compensated for their travel time.  With no
 such submission agreement, the Union has not shown that it was improper
 for the Arbitrator to frame the issue as he did and to resolve precisely
 that issue in his decision.  See Department of the Air Force, Scott Air
 Force Base and National Association of Government Employees, Local No.
 R7-23, 4 FLRA 712 (1980).  Accordingly, the exceptions do not establish
 that the Arbitrator exceeded his authority or that the award does not
 draw its essence from the collective bargaining agreement, and they are
 therefore denied.  Issued, Washington, D.C.,