13:0535(89)AR - Overseas Education Association and DOD Dependents Schools (DODDS), Pacific Region -- 1983 FLRAdec AR

 13 FLRA No. 89
 
 OVERSEAS EDUCATION ASSOCIATION
 Union
 
 and
 
 DEPARTMENT OF DEFENSE DEPENDENTS
 SCHOOLS (DODDS), PACIFIC REGION
 Activity
 
                                            Case No. 0-AR-372
 
                                 DECISION
 
    This matter is before the Authority on exceptions to the award of
 Arbitrator Thomas Q. Gilson 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 intra-regional transfer
 program for teachers established by the parties' collective bargaining
 agreement.  When the Activity notified the Union that the Agency had
 issued a directive cancelling the program, the Union filed a grievance
 alleging a violation of the collective bargaining agreement.
 Subsequently, the Union agreed with the Activity that the grievance
 would be rejected pending deliberations between the parties.  Shortly
 thereafter, the Union's national office filed an unfair labor practice
 charge with the Authority over a number of alleged unilateral changes by
 management in working conditions, including the cancellation of the
 intra-regional transfer program.  The Authority's Regional Director
 refused to issue a complaint in the matter.  When the Union attempted to
 reactivate the grievance, the Activity cancelled it pursuant to Article
 13, Section 6F of the agreement which provides that a grievance will be
 cancelled upon notification that the same matter has been presented to
 and accepted for adjudication by an agency authorized to review it.  The
 matter was not resolved and was submitted to arbitration.
 
    The Arbitrator held that in the circumstances of this case the
 Activity acted in accordance with the agreement when