16:0575(81)AR - Keesler AFB and AFGE Local 2670 -- 1984 FLRAdec AR
[ v16 p575 ]
16:0575(81)AR
The decision of the Authority follows:
16 FLRA No. 81
KEESLER AIR FORCE BASE
Activity
and
AMERICAN FEDERATION OF GOVERNMENT
EMPLOYEES, AFL-CIO, LOCAL 2670
Union
Case No. 0-AR-505
DECISION
This matter is before the Authority on exceptions to the award of
Arbitrator Bernard Marcus 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.
The Union filed a grievance that was submitted to arbitration
claiming that the Activity's implementation of the Agency's civilian
potential appraisal system violated the parties' collective bargaining
agreement. Based on his interpretation and application of the parties'
collective bargaining agreement, the Arbitrator determined that the
Activity's implementation did not violate either the express terms of
the parties' agreement or regulatory provisions incorporated in the
agreement. Accordingly, as his award the Arbitrator denied the
grievance.
In one of its exceptions the Union contends that the award is
contrary to section 7116(a)(7) of the Statute. /1/ In support of this
exception, the Union essentially argues that the Activity's
implementation of the appraisal system was in conflict with the parties'
pre-existing collective bargaining agreement and that by denying the
grievance, the Arbitrator therefore improperly upheld the Activity's
actions in violation of section 7116(a)(7).
The Authority concludes that this exception provides no basis for
finding the award deficient. To the extent the Union is contending in
this exception that the award is contrary to the Statute because the
Arbitrator failed to find the Activity's actions violative of the
collective bargaining agreement, the Authority has repeatedly held that
such a contention constitutes nothing more than disagreement with the
ar