15:0328(69)AR - GSA and AFGE Council 236 -- 1984 FLRAdec AR
[ v15 p328 ]
The decision of the Authority follows:
15 FLRA No. 69 GENERAL SERVICES ADMINISTRATION Agency and AMERICAN FEDERATION OF GOVERNMENT EMPLOYEES, COUNCIL 236 Union Case No. O-AR-667 DECISION This matter is before the Authority on exceptions to the award of Arbitrator Roger P. Kaplan 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. The dispute in this matter concerned the Agency's conduct toward the Union's designated representative, a former employee of the Agency who had been removed from employment for disorderly conduct while acting as a Union official. The dispute arose when the Agency refused to allow the individual, now a non-employee national union representative, access to the Agency's premises, and refused to deal with him in this capacity. The Arbitrator found that the Agency violated the parties' collective bargaining agreement by not permitting the representative reasonable access to unit employees and by not recognizing him as a representative. The Arbitrator therefore directed the Agency to recognize the individual as a union representative and permit him to have access to unit employees. The Arbitrator noted, however, that he did not condone the individual's prior misconduct and added an admonishment that as a Union representative the individual had a responsibility to act in accordance with accepted labor relations practices and could not act with impunity. In its exceptions, the Agency argues that the Arbitrator erred in concluding that the Agency violated the parties' agreement by not permitting the Union representative access to Agency employees; that the Arbitrator's rejection of the Agency's justification for not dealing with the Union representative was contrary to law, arbitrary, contradictory and otherwise faulty; and that the Arbitrator's finding that the Agency violated the parties' agreement by not recognizing the Union representative was beyond the Arbitrator's authority, was based on a nonfact, and did not draw its essence from the parties' agreement. Upon consideration of the entire record before the Authority, the Authority concludes that the Agency has failed to establish that the Arbitrator's award is in any way deficient. It is clear that the Agency is merely attempting to relitigate the merits of the case before the Authority and that the thrust of the Agency's assertions essentially constitutes nothing more than disagreement with the Arbitrator's findings of fact, his specific reasoning and conclusions, and generally with his interpretation and application of the parties' agreement. Consequently, the exceptions do not provide any basis for finding the award deficient. See Federal Correctional Institution, Petersburg, Virginia and American Federation of Government Employees, Local 2052, 13 FLRA No. 27 (1984). Accordingly, the Agency's exceptions are denied. /1/ Issued, Washington, D.C., July 24, 1984 Barbara J. Mahone, Chairman Ronald W. Haughton, Member Henry B. Frazier III, Member FEDERAL LABOR RELATIONS AUTHORITY --------------- FOOTNOTES$ --------------- /1/ In denying the exceptions, the Authority emphasizes that such denial shall not be construed as condonation of the Union representative's past misconduct and also endorses the Arbitrator's admonishment that the representative cannot act "with impunity." See Harry S. Truman Memorial Veterans Hospital, Columbia, Missouri and American Federation of Government Employees (AFL-CIO), Local No. 3399, 14 FLRA No. 20 (1984).