15:0268(57)NG - NTEU and IRS, Kansas City Service Center, Kansas City, MO -- 1984 FLRAdec NG



[ v15 p268 ]
15:0268(57)NG
The decision of the Authority follows:


 15 FLRA No. 57
 
 NATIONAL TREASURY EMPLOYEES
 UNION
 Union
 
 and
 
 INTERNAL REVENUE SERVICE,
 KANSAS CITY SERVICE CENTER,
 KANSAS CITY, MISSOURI
 Agency
 
                                            Case No. O-NG-884
 
                   ORDER DISMISSING NEGOTIABILITY APPEAL
 
    The petition for review in this case comes before the Authority
 pursuant to section 7105(a)(2)(E) of the Federal Service
 Labor-Management Relations Statute (the Statute).
 
    The record indicates that the Union sought to negotiate over the
 Agency's changes in certain incentive award criteria.  The Agency
 refused to bargain with the Union over the proposal which is the subject
 of the instant appeal alleging, among other things that under the
 circumstances it had fulfilled its obligation to bargain.  /1/ In
 response to the Agency's refusal to bargain over the proposal, the Union
 filed the instant appeal and an unfair labor practice charge alleging
 that the Agency committed an unfair labor practice by implementing an
 incentive award program without first bargaining over the Union's
 proposals.  Pursuant to section 2424.5 of the Authority's Rules and
 Regulations, the Union elected to proceed with the unfair labor practice
 charge and to suspend further action on the negotiability appeal.
 
    Upon investigation, the Regional Director concluded that further
 proceedings on the Union's charge were not warranted.  Specifically, the
 Regional Director determined that the Union did not submit the proposal
 which is the subject of the instant appeal until after the Agency had
 implemented the proposed changes.  The Regional Director, therefore,
 concluded that the Union failed to submit the proposal within a
 reasonable time and, thus, the Agency did not have an obligation to
 bargain over the proposal.  No appeal of the Regional Director's
 determination was taken to the General Counsel.
 
    In the absence of a duty to bargain between the parties, issues as to
 whether a particular proposal is inconsistent with applicable law, rule
 or regulation are not appropriate for resolution by the Authority.
 National Federation of Federal Employees, Local 1363 and Headquarters,
 U.S. Army Garrison, Yongsan, Korea, 8 FLRA 200 (1982), and National
 Federation of Federal Employees, Local 1363 and Headquarters, U.S. Army
 Garrison, Yongsan, Korea, 8 FLRA 134 (1982).  Thus, based upon the
 Regional Director's determination of no obligation on the part of the
 Agency to bargain, which was not appealed by the Union, it is concluded
 that any negotiability issue which might have been raised in the instant
 appeal is now moot.
 
    Accordingly, pursuant to section 2424.10 of the Authority's Rules and
 Regulations, IT IS ORDERED that the Union's petition for review be, and
 it hereby is, dismissed.
 
    Issued, Washington, D.C., July 16, 1984
                                       Barbara J. Mahone, Chairman
                                       Ronald W. Haughton, Member
                                       Henry B. Frazier III, Member
                                       FEDERAL LABOR RELATIONS AUTHORITY
 
    (DECISION AND ORDER ON REMAND OF 8 FLRA No. 97)
 
    AMERICAN FEDERATION OF
 
    GOVERNMENT EMPLOYEES,
 
    AFL-CIO, LOCAL 32
 
                                   Union
 
    and
 
    OFFICE OF PERSONNEL
 
    MANAGEMENT, WASHINGTON, D.C.
 
                                  Agency
                                       Case No. O-NG-157
                                       (8 FLRA 460)
 
                       DECISION AND ORDER ON REMAND
 
    On May 7, 1982, the Authority issued its Decision and Order in the
 above-entitled proceeding in which it found that Proposal VI, which
 provided that an employee demoted through no fault of his/her own be
 selected to fill the first vacancy at his/her former grade level, was
 inconsistent with section 7106(a)(2)(C) of the Statute and, therefore,
 was not within the Agency's duty to bargain.  American Federation of
 Government Employees, AFL-CIO, Local 32 and Office of Personnel
 Management, Washington, D.C., 8 FLRA 460 (1982).
 
    Thereafter, on March 13, 1984, the U.S. Court of Appeals for the
 District of Columbia Circuit reversed the Authority's decision with
 respect to Proposal VI and remanded the decision for the entry of an
 order requiring bargaining.  Local 32, AFGE, AFL-CIO v. Federal Labor
 Relations Authority, 728 F.2d 1526, 1530 (D.C. Cir. 1984).  The
 Authority then filed with the Court a motion for leave to file a
 petition for rehearing out of time in order to request that, upon
 processing of the Court-ordered remand, the Authority be allowed to
 consider whether the proposal was inconsistent with a Government-wide
 rule or regulation, an issue raised in the case and not resolved by the
 Court, but found dispositive in an analogous Authority decision,
 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 91 (1983), petition for review granted,
 702 F.2d 1183 (D.C. Cir. 1983), which issued after the time had passed
 for filing a petition for rehearing.  The Authority's motion was denied
 on June 27, 1984.  Local 32, AFGE, AFL-CIO v. FLRA, No. 82-1756 (D.C.
 Cir. 1984).
 
    Thus, the Authority accepts the Court's opinion as the law of the
 case and, consistent with that opinion, and, pursuant to section 2424.10
 of the Authority's Rules and Regulations, IT IS ORDERED that the Agency
 shall upon request (or as otherwise agreed to by the parties) bargain
 concerning proposal VI.  /2/
 
    Issued, Washington, D.C., July 10, 1984
                                       Barbara J. Mahone, Chairman
                                       Ronald W. Haughton, Member
                                       Henry B. Frazier III, Member
                                       FEDERAL LABOR RELATIONS AUTHORITY
 
    (SUPPLEMENTAL DECISION AND ORDER TO 9 FLRA No. 40)
 
    DEPARTMENT OF THE TREASURY
 
    INTERNAL REVENUE SERVICE
 
    JACKSONVILLE DISTRICT
 
                                Respondent
 
    and
 
    NATIONAL TREASURY EMPLOYEES UNION
 
                              Charging Party
 
    DEPARTMENT OF THE TREASURY
 
    INTERNAL REVENUE SERVICE
 
    JACKSONVILLE AND ATLANTA DISTRICTS
 
                                Respondent
 
    and
 
    NATIONAL TREASURY EMPLOYEES UNION
 
                              Charging Party
                                       Case Nos. 4-CA-498, 4-CA-561
                                       9 FLRA 333
 
                      SUPPLEMENTAL DECISION AND ORDER
 
    On June 30, 1982, the Authority issued a Decision and Order in the
 above-entitled proceeding in which it found that the Respondent failed
 and refused to comply with section 713(a) of the Federal Service
 Labor-Management Relations Statute (the Statute) in violation of section
 7116(a)(1) and (8) of the Statute, based on its refusal to provide
 official time to employees Wayne Pierce, Calvin Barnlund, and Orville
 Guinn in connection with negotiations conducted between the parties on
 May 15, 1980.  The Authority further found that the Respondent's denial
 of the reimbursement of travel and per diem expenses related to such
 negotiations for these employees also constituted a failure and refusal
 to comply with section 7131(a) in violation of section 7116(a)(1) and
 (8) of the Statute.  Thereafter, the Respondent petitioned the United
 States Court of Appeals for the Eleventh Circuit for review of the
 Authority's decision.
 
    The Court stayed its review of the Authority's decision to await the
 United States Supreme Court's decision in Bureau of Alcohol, Tobacco and
 Firearms v. FLRA, 104 S.Ct. 439 (1983).  In that decision, the Supreme
 Court concluded that the obligation of an agency under section 7131(a)
 of the Statute to provide official time to employees representing an
 exclusive representative in the negotiation of a collective bargaining
 agreement does not encompass the payment of travel expenses and per diem
 allowances.  Based on that decision, the Respondent filed a motion for
 summary reversal of the Authority's Decision insofar as it pertained to
 travel and per diem expenses.  The motion was granted by the United
 States Court of Appeals for the Eleventh Circuit on February 27, 1984.
 
    Pursuant to the Order of the United States Court of Appeals for the
 Eleventh Circuit, the Authority dismisses the allegations of the
 complaint pertaining to the Respondent's failure and refusal to
 reimburse its employees for their travel and per diem expenses and
 hereby vacates its prior Order in this regard.  Accordingly, the
 Authority shall issue the following Order and require that the
 accompanying Notice To All Employees be posted in this matter.
 
                                   ORDER
 
    Pursuant to section 2423.29 of the Rules and Regulations of the
 Federal Labor Relations Authority and section 7118 of the Statute, the
 Authority hereby orders that the Respondent Department of Treasury,
 Internal Revenue Service, Jacksonville and Atlanta Districts shall:
 
    1.  Cease and desist from:
 
    (a) Failing and refusing to provide Calvin Barnlund, Wayne Pierce and
 Orville Guinn, or any other bargaining unit employees, while engaged in
 representing the National Treasury Employees Union, the employees'
 exclusive representative, during negotiation of a collective bargaining
 agreement, official time for such participation including necessary
 travel time during the employees' regular work hours and when the
 employees would otherwise be in a work or paid leave status.
 
    (b) In any like or related manner interfering with, restraining, or
 coercing employees in the exercise of their rights assured by the
 Statute.
 
    2.  Take the following affirmative actions in order to effectuate the
 purposes and policies of the Statute:
 
    (a) Provide Union representative Wayne Pierce official time for the
 performance of his collective bargaining duties on May 14 and 15, 1980,
 and make him whole for any annual leave he may have utilized on such
 dates.
 
    (b) Post at its various offices in the Atlanta and Jacksonville
 Districts wherein unit employees are located, copies of the attached
 Notice on forms to be furnished by the Federal Labor Relations
 Authority.  Upon receipt of such forms, they shall be signed by the
 Director of the Jacksonville and Atlanta Districts, respectively, or
 their designees, and shall be posted and maintained for 60 consecutive
 days thereafter, in conspicuous places, including all places where
 notices to employees are customarily posted.  Reasonable steps shall be
 taken to insure that said Notices are not altered, defaced, or covered
 by any other material.
 
    (c) Pursuant to section 2423.30 of the Authority's Rules and
 Regulations, notify the Regional Director, Region IV, Federal Labor
 Relations Authority, in writing, within 30 days from the date of this
 Order, as to what steps have been taken to comply herewith.
 
    IT IS FURTHER ORDERED that the section 7116(a)(5) allegation of the
 consolidated complaint be, and it hereby is, dismissed.
 
    IT IS FURTHER ORDERED that the consolidated complaint be, and it
 hereby is, dismissed insofar as it alleges a violation of section
 7116(a)(1) and (8) of the Statute based on the failure and refusal to
 reimburse employees Wayne Pierce, Calvin Barnlund and Orville Guinn for
 their travel and per diem expenses.
 
    Issued, Washington, D.C., July 17, 1984
                                       Barbara J. Mahone, Chairman
                                       Ronald W. Haughton, Member
                                       Henry B. Frazier III, Member
                                       FEDERAL LABOR RELATIONS AUTHORITY
 
                          NOTICE TO ALL EMPLOYEES
 
  PURSUANT TO A DECISION AND ORDER OF THE FEDERAL LABOR
 RELATIONS
 AUTHORITY AND IN ORDER TO EFFECTUATE THE POLICIES OF CHAPTER 71
 OF TITLE
 5 OF THE UNITED STATES CODE FEDERAL SERVICE LABOR-MANAGEMENT
 RELATIONS
 
                   WE HEREBY NOTIFY OUR EMPLOYEES THAT:
 
    WE WILL NOT fail or refuse to provide to Calvin Barnlund, Wayne
 Pierce and Orville Guinn or any other bargaining unit employees, while
 engaged in representing the National Treasury Employees Union, the
 employees' exclusive representative, during negotiation of a collective
 bargaining agreement, official time for such participation including
 necessary travel time as occurs during the employees' regular work hours
 and when the employees would otherwise be in a work or paid leave
 status.
 
    WE WILL NOT in any like or related manner interfere with, restrain,
 or coerce our employees in the exercise of their rights assured by the
 Statute.
 
    WE WILL provide Union representative Wayne Pierce official time for
 the performance of his collective bargaining duties on May 14 and 15,
 1980, and make him whole for the annual leave he may have utilized on
 the above dates.
                                       (Agency or Activity)
                                       By:  (Signature)
 
    Dated:  . . .
 
    This Notice must remain posted for 60 consecutive days from the date
 of posting, and must not be altered, defaced, or covered by any other
 material.
 
    If employees have any question concerning this Notice or compliance
 with its provisions, they may communicate directly with the Regional
 Director of the Federal Labor Relations Authority, Region IV, whose
 address is:  1776 Peachtree Street, NW, Suite 501, North Wing, Atlanta,
 GA 30309, and whose telephone number is (404) 881-2324.
                                       (ORDER DENYING MOTION FOR
                                       RECONSIDERATION OF 9 FLRA
                                       No. 36)
 
    UNITED STATES DEPARTMENT OF JUSTICE
 
    UNITED STATES IMMIGRATION AND
 
    NATURALIZATION SERVICE
 
                                Respondent
 
    and
 
    AMERICAN FEDERATION OF GOVERNMENT
 
    EMPLOYEES, AFL-CIO, NATIONAL
 
    BORDER PATROL COUNCIL
 
                         Charging Party/Intervenor
 
    and
 
    AMERICAN FEDERATION OF GOVERNMENT
 
    EMPLOYEES, AFL-CIO, LOCAL 2455
 
                              Charging Party
 
    and
 
    INTERNATIONAL BROTHERHOOD OF
 
    POLICE OFFICERS
 
                                Petitioner
                                       Case Nos. 6-CA-48, 6-CA-49,
                                       63-CA-565, 63-RO-6
                                       9 FLRA No. 36
 
                 ORDER DENYING MOTION FOR RECONSIDERATION
 
    This case is before the Authority on a motion for reconsideration
 filed by the International Brotherhood of Police Officers (IBPO) on July
 9, 1984, seeking reconsideration of the Authority's Supplemental
 Decision and Order and Direction of Second Election of May 31, 1984.
 For the reason set forth below, the motion must be denied.
 
    Section 2429.17 of the Authority's Rules and Regulations, effective
 September 10, 1981, provides in pertinent part:
 
          2429.17 Reconsideration.
 
          After a final decision or order of the Authority has been
       issued, a party to the proceeding before the Authority who can
       establish in its moving papers extraordinary circumstances for so
       doing, may move for reconsideration of such final decision or
       order.  The motion shall be filed within ten (10) days after
       service of the Authority's decision or order . . . .
 
    The Authority's Supplemental Decision and Order and Direction of
 Second Election was dated and served on the IBPO by mail on May 31,
 1984.  Therefore, under section 2429.17 of the Authority's Rules and
 Regulations, and sections 2429.21 and 2429.22, which are also applicable
 to the computation of the time limit here involved, the IBPO's motion
 for reconsideration was due in the national office of the Authority
 before the close of business on June 18, 1984.  Since, as indicated
 above, the IBPO's motion was not filed until July 9, 1984, it is clearly
 untimely and must be denied.
 
    Accordingly, for the reason set forth above,
 
    IT IS ORDERED that the motion for reconsideration in this case be,
 and it hereby is, denied.
 
    For the Authority.
 
    Issued, Washington, D.C., July 18, 1984
                                       Jan K. Bohren
                                       Executive Director/Administrator
 
    PENNSYLVANIA STATE COUNCIL,
 
    ASSOCIATION OF CIVILIAN
 
    TECHNICIANS, INC.
 
                                   Union
 
    and
 
    THE ADJUTANT GENERAL OF PENNSYLVANIA
 
                                 Activity
                                       Case No. O-AR-304
 
                                 DECISION
 
    This matter is before the Authority on exceptions to the award of
 Arbitrator James L. McEwen 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., July 17, 1984
                                       Barbara J. Mahone, Chairman
                                       Ronald W. Haughton, Member
                                       Henry B. Frazier III, Member
                                       FEDERAL LABOR RELATIONS AUTHORITY
 
    MARINE CORPS AIR GROUND COMBAT
 
    CENTER, 29 PALMS, CALIFORNIA
 
                                 Activity
 
    and
 
    AMERICAN FEDERATION OF GOVERNMENT
 
    EMPLOYEES, LOCAL 2018, AFL-CIO
 
                                   Union
                                       Case No. O-AR-319
 
                                 DECISION
 
    This matter is before the Authority on exceptions to the award of
 Arbitrator Robert M. Leventhal 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.
 
    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., July 17, 1984
                                       Barbara J. Mahone, Chairman
                                       Ronald W. Haughton, Member
                                       Henry B. Frazier III, Member
                                       FEDERAL LABOR RELATIONS AUTHORITY
 
    NATIONAL TREASURY EMPLOYEES UNION
 
                                   Union
 
    and
 
    U.S. CUSTOMS SERVICE
 
                                  Agency
                                       Case No. O-AR-364
 
                                 DECISION
 
    This matter is before the Authority on exceptions to the award of
 Arbitrator James M. Harkless 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., July 17, 1984
                                       Barbara J. Mahone, Chairman
                                       Ronald W. Haughton, Member
                                       Henry B. Frazier III, Member
                                       FEDERAL LABOR RELATIONS AUTHORITY
 
    MID-AMERICA PROGRAM SERVICE CENTER,
 
    SOCIAL SECURITY ADMINISTRATION,
 
    U.S. DEPARTMENT OF HEALTH AND
 
    HUMAN SERVICES, KANSAS CITY, MISSOURI
 
                                 Activity
 
    and
 
    AMERICAN FEDERATION OF GOVERNMENT
 
    EMPLOYEES, (NATIONAL COUNCIL OF
 
    SOCIAL SECURITY PAYMENT CENTER
 
    LOCALS), LOCAL 1336
 
                                   Union
                                       Case No. O-AR-376
 
                                 DECISION
 
    This matter is before the Authority on exceptions to the award of
 Arbitrator Gladys W. Gruenberg 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., July 17, 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
 
                                 Activity
 
    and
 
    AMERICAN FEDERATION OF GOVERNMENT
 
    EMPLOYEES, LOCAL 3400
 
                                   Union
                                       Case No. O-AR-522
 
                                 DECISION
 
    This matter is before the Authority on exceptions to the award of
 Arbitrator Ann Harmon Miller 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.
 
    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 7112(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., July 17, 1984
                                       Barbara J. Mahone, Chairman
                                       Ronald W. Haughton, Member
                                       Henry B. Frazier III, Member
                                       FEDERAL LABOR RELATIONS AUTHORITY
 
    U.S. DEPARTMENT OF COMMERCE,
 
    BUREAU OF THE CENSUS
 
                                  Agency
 
    and
 
    NATIONAL FEDERATION OF FEDERAL
 
    EMPLOYEES, LOCAL 1438
 
                                   Union
                                       Case No. O-AR-628
 
                                 DECISION
 
    This matter is before the Authority on exceptions to the award of
 Arbitrator David L. Beckman 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., July 17, 1984
                                       Barbara J. Mahone, Chairman
                                       Ronald W. Haughton, Member
                                       Henry B. Frazier III, Member
                                       FEDERAL LABOR RELATIONS AUTHORITY
 
    SOCIAL SECURITY ADMINISTRATION,
 
    MID-AMERICA PROGRAM SERVICE CENTER
 
                                 Activity
 
    and
 
    AMERICAN FEDERATION OF GOVERNMENT
 
    EMPLOYEES, LOCAL 1336
 
                                   Union
                                       Case No. O-AR-736
 
                                 DECISION
 
    This matter is before the Authority on exceptions to the award of
 Arbitrator John R. Thornell 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., July 17, 1984
                                       Barbara J. Mahone, Chairman
                                       Ronald W. Haughton, Member
                                       Henry B. Frazier III, Member
                                       FEDERAL LABOR RELATIONS AUTHORITY
 
    OFFICE OF PROGRAM SERVICE CENTERS,
 
    SOCIAL SECURITY ADMINISTRATION
 
                                 Activity
 
    and
 
    NATIONAL COUNCIL OF SOCIAL SECURITY
 
    PAYMENT CENTER LOCALS, AMERICAN
 
    FEDERATION OF GOVERNMENT EMPLOYEES, AFL-CIO
 
                                   Union
                                       Case No. O-AR-737
 
                                 DECISION
 
    This matter is before the Authority on exceptions to the award of
 Arbitrator Anne Harmon Miller 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., July 17, 1984
                                       Barbara J. Mahone, Chairman
                                       Ronald W. Haughton, Member
                                       Henry B. Frazier III, Member
                                       FEDERAL LABOR RELATIONS AUTHORITY
 
    AMERICAN FEDERATION OF GOVERNMENT
 
    EMPLOYEES, LOCAL 1336
 
                                   Union
 
    and
 
    SOCIAL SECURITY ADMINISTRATION,
 
    MID-AMERICA PROGRAM SERVICE CENTER
 
                                 Activity
                                       Case No. O-AR-754
 
                                 DECISION
 
    This matter is before the Authority on exceptions to the award of
 Arbitrator Charles A. Fleming 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., July 17, 1984
                                       Barbara J. Mahone, Chairman
                                       Ronald W. Haughton, Member
                                       Henry B. Frazier III, Member
                                       FEDERAL LABOR RELATIONS AUTHORITY
 
    OMAHA VETERANS ADMINISTRATION
 
    MEDICAL CENTER, OMAHA, NEBRASKA
 
                                 Activity
 
    and
 
    AMERICAN FEDERATION OF GOVERNMENT
 
    EMPLOYEES, LOCAL 2270, AFL-CIO
 
                                   Union
                                       Case No. O-AR-767
 
                                 DECISION
 
    This matter is before the Authority on exceptions to the award of
 Arbitrator John M. Gradwohl 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., July 17, 1984
                                       Barbara J. Mahone, Chairman
                                       Ronald W. Haughton, Member
                                       Henry B. Frazier III, Member
                                       FEDERAL LABOR RELATIONS AUTHORITY
 
 
 
 
 
 
 --------------- FOOTNOTES$ ---------------
 
 
    /1/ It is noted that the Union had previously submitted another
 proposal which is the subject of a separate negotiability appeal.
 
 
    /2/ In so ordering, the Authority makes no judgment as to the merits
 of Proposal VI and of course does not pass upon the questio