15:0194(33)AR - HHS, SSA and NFFE, Council of Consolidated SSA Locals -- 1984 FLRAdec AR



[ v15 p194 ]
15:0194(33)AR
The decision of the Authority follows:


 15 FLRA No. 33
 
 U.S. DEPARTMENT OF HEALTH AND HUMAN
 SERVICES, SOCIAL SECURITY ADMINISTRATION
 Agency
 
 and
 
 NATIONAL FEDERATION OF FEDERAL
 EMPLOYEES, COUNCIL OF CONSOLIDATED
 SOCIAL SECURITY ADMINISTRATION LOCALS
 Union
 
                                            Case No. O-AR-777
 
                        ORDER DISMISSING EXCEPTIONS
 
    This case is before the Authority on exceptions to the award of
 Arbitrator John S. Herrick filed by Agency pursuant to section 7122(a)
 of the Federal Service Labor-Management Relations Statute and section
 2425.1 of the Authority's Rules and Regulations.  For the reasons stated
 below, it has been determined that the Agency's exceptions must be
 dismissed as untimely filed.
 
    The Arbitrator's award in this case is dated April 9, 1984, and
 appears to have been served on the parties by mail on the same day.
 
    Under section 7122(b) of the Statute, as amended, /1/ and section
 2425.1(b) of the Authority's Rules and Regulations, as amended, /2/
 which amendments are applicable to exceptions pending or filed with the
 Authority on or after March 2, 1984, and under sections 2429.21 and
 2429.22 of the Rules and Regulations, which are also applicable to
 computation of the time limit here involved, any exceptions to the
 Arbitrator's award in this case had to be filed with the Authority no
 later than the close of business on May 14, 1984.  However, the Agency's
 exceptions were not filed until May 17, 1984.
 
    Accordingly, as the Agency's exceptions were untimely filed, they are
 hereby dismissed.
 
    For the Authority.
 
    Issued, Washington, D.C., June 29, 1984
                                       Harold D. Kessler, Director, Case
                                       Management
                                       (ORDER GRANTING MOTION FOR
                                       RECONSIDERATION OF 7 FLRA
                                       No. 13)
 
    AMERICAN FEDERATION OF GOVERNMENT
 
    EMPLOYEES, AFL-CIO, LOCAL 2782
 
                                   Union
 
    and
 
    DEPARTMENT OF COMMERCE,
 
    BUREAU OF THE CENSUS,
 
    WASHINGTON, D.C.
 
                                  Agency
                                       Case No. O-NG-352
                                       7 FLRA No. 13
 
                 ORDER GRANTING MOTION FOR RECONSIDERATION
 
    This case is back before the Authority pursuant to the Union's motion
 for reconsideration of the Authority's May 11, 1984, Decision and Order
 on Remand in American Federation of Government Employees, AFL-CIO, Local
 2782 and Department of Commerce, Bureau of the Census, Washington, D.C.,
 7 FLRA No. 13 (1983), petition for review granted, 702 F.2d 1183 (D.C.
 Cir. 1983).
 
    The Authority has determined, pursuant to section 2429.17 of its
 Rules and Regulations, that the motion should be, and it hereby is,
 granted so that the Authority may consider the Union's "Supplementary
 Statement of Position" which was submitted pursuant to section 2429.26
 of the Rules and Regulations.  Further, pursuant to section 2429.26, the
 Bureau of the Census is granted 15 days from the date of this Order to
 file a response to the Union's supplementary statement of position,
 attached to its motion for reconsideration, stating in full any response
 which it wishes the Authority to consider.
 
    Finally, pursuant to section 2429.17 of the Rules and Regulations,
 the Authority's Decision and Order on Remand is hereby stayed pending
 completion of the proceeding on remand.
 
    Issued, Washington, D.C., June 22, 1984
                                       Barbara J. Mahone, Chairman
                                       Ronald W. Haughton, Member
                                       Henry B. Frazier III, Member
                                       FEDERAL LABOR RELATIONS AUTHORITY
 
    U.S. DEPARTMENT OF JUSTICE,
 
    FEDERAL PRISON SYSTEM, FEDERAL
 
    CORRECTIONAL INSTITUTION,
 
    ASHLAND, KENTUCKY
 
                                 Activity
 
    and
 
    AMERICAN FEDERATION OF GOVERNMENT
 
    EMPLOYEES, COUNCIL OF PRISON LOCALS,
 
    LOCAL 1286
 
                                   Union
                                       Case No. O-AR-614
 
                                 DECISION
 
    This matter is before the Authority on exceptions to the award of
 Arbitrator Frank A. Keenan filed by the Activity under section 7122(a)
 of the Federal Service Labor-Management Relations Statute and part 2425
 of the Authority's Rules and Regulations.
 
    Upon careful consideration of the entire record before the Authority,
 the Authority concludes that the Activity has failed to establish that
 the Arbitrator's award is deficient on any of the grounds set forth in
 section 7122(a) of the Statute;  that is, that the award is contrary to
 any law, rule, or regulation, or that the award is deficient on other
 grounds similar to those applied by Federal courts in private sector
 labor-management relations.
 
    Accordingly, the Activity's exceptions are denied.
 
    Issued, Washington, D.C., June 22, 1984
                                       Barbara J. Mahone, Chairman
                                       Ronald W. Haughton, Member
                                       Henry B. Brazier III, Member
                                       FEDERAL LABOR RELATIONS AUTHORITY
 
    DEPARTMENT OF THE AIR FORCE,
 
    1947th ADMINISTRATIVE SUPPORT GROUP
 
                                 Activity
 
    and
 
    AMERICAN FEDERATION OF GOVERNMENT
 
    EMPLOYEES - GRAPHIC ARTS INTERNATIONAL
 
    UNION, COUNCIL OF HEADQUARTERS, USAF
 
    LOCALS, AFL-CIO
 
                                   Union
                                       Case No. O-AR-713
 
                                 DECISION
 
    This matter is before the Authority on exceptions to the award of
 Arbitrator Millard Cass filed by the Union under section 7122(a) of the
 Federal Service Labor-Management Relations Statute and part 2425 of the
 Authority's Rules and Regulations.
 
    Upon careful consideration of the entire record before the Authority,
 the Authority concludes that the Union has failed to establish that the
 Arbitrator's award is deficient on any of the grounds set forth in
 section 7122(a) of the Statute;  that is, that the award is contrary to
 any law, rule, or regulation, or that the award is deficient on other
 grounds similar to those applied by Federal courts in private sector
 labor-management relations.
 
    Accordingly, the Union's exceptions are denied.
 
    Issued, Washington, D.C., June 22, 1984
                                       Barbara J. Mahone, Chairman
                                       Ronald W. Haughton, Member
                                       Henry B. Frazier III, Member
                                       FEDERAL LABOR RELATIONS AUTHORITY
 
    CHARLESTON NAVAL SHIPYARD
 
    CHARLESTON, SOUTH CAROLINA
 
                                 Activity
 
    and
 
    FEDERAL EMPLOYEES METAL TRADES COUNCIL OF CHARLESTON,
 
    LOCAL 916
 
                                   Union
                                       Case No. O-AR-730
 
                                 DECISION
 
    This matter is before the Authority on exceptions to the award of
 Arbitrator Ross Groshong filed by the Union under section 7122(a) of the
 Federal Service Labor-Management Relations Statute and part 2425 of the
 Authority's Rules and Regulations.
 
    Upon careful consideration of the entire record before the Authority,
 the Authority concludes that the Union has failed to establish that the
 Arbitrator's award is deficient on any of the grounds set forth in
 section 7122(a) of the Statute;  that is, that the award is contrary to
 any law, rule, or regulation, or that the award is deficient on other
 grounds similar to those applied by Federal courts in private sector
 labor-management relations.
 
    Accordingly, the Union's exceptions are denied.
 
    Issued, Washington, D.C., June 22, 1984
                                       Barbara J. Mahone, Chairman
                                       Ronald W. Haughton, Member
                                       Henry B. Frazier III, Member
                                       FEDERAL LABOR RELATIONS AUTHORITY
 
    SOCIAL SECURITY ADMINISTRATION,
 
    DEPARTMENT OF HEALTH AND HUMAN
 
    SERVICES, BOSTON REGION,
 
    BOSTON, MASSACHUSETTS
 
                                  Agency
 
    and
 
    LOCAL 1164, AMERICAN FEDERATION
 
    OF GOVERNMENT EMPLOYEES
 
                                   Union
                                       Case No. O-AR-733
 
                                 DECISION
 
    This matter is before the Authority on exceptions to the award of
 Arbitrator Frank S. McDonnell, Jr. filed by the Agency under section
 7122(a) of the Federal Service Labor-Management Relations Statute and
 part 2425 of the Authority's Rules and Regulations.
 
    Upon careful consideration of the entire record before the Authority,
 the Authority concludes that the Agency has failed to establish that the
 Arbitrator's award is deficient on any of the grounds set forth in
 section 7122(a) of the Statute;  that is, that the award is contrary to
 any law, rule, or regulation, or that the award is deficient on other
 grounds similar to those applied by Federal courts in private sector
 labor-management relations.
 
    Accordingly, the Agency's exceptions are denied.
 
    Issued, Washington, D.C., June 22, 1984
                                       Barbara J. Mahone, Chairman
                                       Ronald W. Haughton, Member
                                       Henry B. Frazier III, Member
                                       FEDERAL LABOR RELATIONS AUTHORITY
 
    AMERICAN FEDERATION OF GOVERNMENT
 
    EMPLOYEES, LOCAL 12
 
                                   Union
 
    and
 
    U.S. DEPARTMENT OF LABOR
 
                                  Agency
                                       Case No. O-AR-739
 
                                 DECISION
 
    This matter is before the Authority on exceptions to the award of
 Arbitrator Paul J. Fasser, Jr. filed by the Agency under section 7122(a)
 of the Federal Service Labor-Management Relations Statute and part 2425
 of the Authority's Rules and Regulations.
 
    Upon careful consideration of the entire record before the Authority,
 the Authority concludes that the Agency has failed to establish that the
 Arbitrator's award is deficient on any of the grounds set forth in
 section 7122(a) of the Statute;  that is, that the award is contrary to
 any law, rule, or regulation, or that the award is deficient on other
 grounds similar to those applied by Federal courts in private sector
 labor-management relations.
 
    Accordingly, the Agency's exceptions are denied.
 
    Issued, Washington, D.C., June 22, 1984
                                       Barbara J. Mahone, Chairman
                                       Ronald W. Haughton, Member
                                       Henry B. Frazier III, Member
                                       FEDERAL LABOR RELATIONS AUTHORITY
 
    DEPARTMENT OF HEALTH AND HUMAN SERVICES,
 
    SOCIAL SECURITY ADMINISTRATION
 
                                 Activity
 
    and
 
    AMERICAN FEDERATION OF GOVERNMENT
 
    EMPLOYEES, LOCAL 1923
 
                                   Union
                                       Case No. O-AR-740
 
                                 DECISION
 
    This matter is before the Authority on exceptions to the award of
 Arbitrator Robert H. Mount filed by the Union under section 7122(a) of
 the Federal Service Labor-Management Relations Statute and part 2425 of
 the Authority's Rules and Regulations.
 
    Upon careful consideration of the entire record before the Authority,
 the Authority concludes that the Union has failed to establish that the
 Arbitrator's award is deficient on any of the grounds set forth in
 section 7122(a) of the Statute;  that is, that the award is contrary to
 any law, rule, or regulation, or that the award is deficient on other
 grounds similar to those applied by Federal courts in private sector
 labor-management relations.
 
    Accordingly, the Union's exceptions are denied.
 
    Issued, Washington, D.C., June 27, 1984
                                       Barbara J. Mahone, Chairman
                                       Ronald W. Haughton, Member
                                       Henry B. Frazier III, Member
                                       FEDERAL LABOR RELATIONS AUTHORITY
 
    DEPARTMENT OF AIR FORCE, HEADQUARTERS
 
    WARNER ROBINS AIR LOGISTICS CENTER (AFLC),
 
    ROBINS AIR FORCE BASE, GEORGIA
 
                                 Activity
 
    and
 
    AMERICAN FEDERATION OF GOVERNMENT
 
    EMPLOYEES, LOCAL 987
 
                                   Union
                                       Case No. O-AR-746
 
                                 DECISION
 
    This matter is before the Authority on exceptions to the award of
 Arbitrator Marvin A. Griffin filed by the Union under section 7122(a) of
 the Federal Service Labor-Management Relations Statute and part 2425 of
 the Authority's Rules and Regulations.
 
    Upon careful consideration of the entire record before the Authority,
 the Authority concludes that the Union has failed to establish that the
 Arbitrator's award is deficient on any of the grounds set forth in
 section 7122(a) of the Statute;  that is, that the award is contrary to
 any law, rule, or regulation, or that the award is deficient on other
 grounds similar to those applied by Federal courts in private sector
 labor-management relations.
 
    Accordingly, the Union's exceptions are denied.
 
    Issued, Washington, D.C., June 27, 1984
                                       Barbara J. Mahone, Chairman
                                       Ronald W. Haughton, Member
                                       Henry B. Frazier III, Member
                                       FEDERAL LABOR RELATIONS AUTHORITY
 
    U.S. DEPARTMENT OF HEALTH AND
 
    HUMAN SERVICES, REGION V
 
                                  Agency
 
    and
 
    AMERICAN FEDERATION OF GOVERNMENT
 
    EMPLOYEES, LOCAL 3400
 
                                   Union
                                       Case No. O-AR-747
 
                                 DECISION
 
    This matter is before the Authority on exceptions to the award of
 Arbitrator James P. Martin filed by the Union under section 7122(a) of
 the Federal Service Labor-Management Relations Statute and part 2425 of
 the Authority's Rules and Regulations.
 
    Upon careful consideration of the entire record before the Authority,
 the Authority concludes that the Union has failed to establish that the
 Arbitrator's award is deficient on any of the grounds set forth in
 section 7122(a) of the Statute;  that is, that the award is contrary to
 any law, rule, or regulation, or that the award is deficient on other
 grounds similar to those applied by Federal courts in private sector
 labor-management relations.
 
    Accordingly, the Union's exceptions are denied.
 
    Issued, Washington, D.C., June 27, 1984
                                       Barbara J. Mahone, Chairman
                                       Ronald W. Haughton, Member
                                       Henry B. Frazier III, Member
                                       FEDERAL LABOR RELATIONS AUTHORITY
 
    HEADQUARTERS XVIII AIRBORNE
 
    CORPS AND FORT BRAGG
 
                                 Activity
 
    and
 
    AMERICAN FEDERATION OF GOVERNMENT
 
    EMPLOYEES, LOCAL 1770
 
                                   Union
                                       Case No. O-AR-750
 
                                 DECISION
 
    This matter is before the Authority on exceptions to the award of
 Arbitrator Herbert V. Rollins filed by the Union under section 7122(a)
 of the Federal Service Labor-Management Relations Statute and part 2425
 of the Authority's Rules and Regulations.
 
    Upon careful consideration of the entire record before the Authority,
 the Authority concludes that the Union has failed to establish that the
 Arbitrator's award is deficient on any of the grounds set forth in
 section 7122(a) of the Statute;  that is, that the award is contrary to
 any law, rule, or regulation, or that the award is deficient on other
 grounds similar to those applied by Federal courts in private sector
 la