16:0747(104)AR - SSA and AFGE -- 1984 FLRAdec AR



[ v16 p747 ]
16:0747(104)AR
The decision of the Authority follows:


 16 FLRA No. 104
 
 SOCIAL SECURITY ADMINISTRATION
 Activity
 
 and
 
 AMERICAN FEDERATION OF GOVERNMENT
 EMPLOYEES, AFL-CIO
 Union
 
                                            Case No. O-AR-883
 
                        ORDER DISMISSING EXCEPTIONS
 
    This case is before the Authority on exceptions to the award of
 Arbitrator John C. Manson filed by the Union 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 exceptions must be dismissed as
 untimely filed.
 
    The Arbitrator's award is dated October 18, 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 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 not
 later than the close of business on November 21, 1984.  However, the
 exceptions were not filed until November 27, 1984.  Therefore, the
 exceptions were untimely filed.
 
    Accordingly, as the Union's exceptions were untimely filed, they are
 hereby dismissed.  For the Authority.  Issued, Washington, D.C.,
 December 7, 1984
                                       Jan K. Bohren
                                       Executive Director/Administrator
 
    PACIFIC MISSILE TEST CENTER,
 
    POINT MUGU, CALIFORNIA
 
                                 Activity
 
    and
 
    NATIONAL ASSOCIATION OF GOVERNMENT
 
    EMPLOYEES, LOCAL R12-33
 
                                   Union
                                       Case No. O-AR-735
                                       (15 FLRA No. 119)
 
                 ORDER DENYING MOTION FOR RECONSIDERATION
 
    This case is before the Authority on a motion for reconsideration
 filed by the Union on September 10, 1984, seeking reconsideration of the
 Authority's Order of August 16, 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 10 days after service of
       the Authority's decision or order . . . .
 
    The Authority's Order was dated and served on the union by mail on
 August 16, 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
 Union's motion for reconsideration was due in the national office of the
 Authority before the close of business on August 31, 1984.  Since, as
 indicated above, the Union's motion was not filed until September 10,
 1984, it is clearly untimely and must be denied.
 
    Accordingly, for the reason set forth above,
 
    IT IS ORDERED that the Union's motion for reconsideration in this
 case be, and it hereby is, denied.  For the Authority.  Issued,
 Washington, D.C., November 27, 1984
                                       Jan K. Bohren
                                       Executive Director/Administrator
 
    AMERICAN FEDERATION OF GOVERNMENT
 
    EMPLOYEES, LOCAL 644, AFL-CIO
 
                                   Union
 
    and
 
    U.S. DEPARTMENT OF LABOR, MINE
 
    HEALTH AND SAFETY ADMINISTRATION,
 
    MORGANTOWN, WEST VIRGINIA
 
                                  Agency
                                       Case No. O-NG-858
                                       15 FLRA No.170
 
                 ORDER DENYING MOTION FOR RECONSIDERATION
 
    This case is before the Authority on a motion for reconsideration
 filed by the Department of Labor on September 17, 1984, seeking
 reconsideration of the Authority's Decision and Order of August 31, 1984
 in the above-entitled matter, as it relates to Union Proposal 1.  For
 the reasons set forth below, the motion must be denied.
 
    Section 2429.17 of the Authority's Rules and Regulations provides, in
 part, that a party "who can establish . . . extraordinary circumstances
 . . . may move for reconsideration" of a decision of the Authority.  In
 support of its motion, the Department of Labor makes three assertions,
 none of which challenges the Authority's conclusion that the proposal is
 negotiable.  It is alleged that the circumstances giving rise to the
 proposal no longer exist;  that a mutually satisfactory settlement with
 respect to the allocation of office space has been reached and, hence,
 renewed bargaining on the proposal would be inappropriate and
 burdensome;  and that the changes in working conditions resulting from
 relocation of the employees' office were so minor as not to give rise to
 a bargaining obligation.  With regard to the first two, the Authority's
 Decision and Order does not require the parties to bargain if the
 circumstances giving rise to the proposal have changed, nor does it
 preclude the parties from mutually agreeing to a disposition which does
 not include returning to the bargaining table.  As to the third
 contention, the Authority has previously noted that such questions
 should be resolved through use of other appropriate proceedings.  See,
 e.g., American Federation of Government Employees, AFL-CIO, Local 2736
 and Department of the Air Force, Headquarters, 379th Combat Support
 Group (SAC), Wurtsmith Air Force Base, Michigan, 14 FLRA No. 55 (1984),
 appeal docketed sub nom. Wurtsmith Air Force Base v. FLRA, 84-3459 (6th
 Cir. June 15, 1984).  Thus, the Authority concludes that none of the
 three arguments advanced by the Agency establishes the existence of
 extraordinary circumstances.  Accordingly, IT IS HEREBY ORDERED that the
 motion for reconsideration be, and it hereby is, denied.  Issued,
 Washington, D.C., November 30, 1984
                                       Henry B. Frazier III, Acting
                                       Chairman
                                       Ronald W. Haughton, Member
                                       FEDERAL LABOR RELATIONS AUTHORITY
 
    VETERANS ADMINISTRATION MEDICAL
 
    CENTER, HOUSTON, TEXAS
 
                                 Activity
 
    and
 
    AMERICAN FEDERATION OF GOVERNMENT
 
    EMPLOYEES, AFL-CIO, LOCAL 1633
 
                                   Union
                                       Case No. O-AR-728
 
                                 DECISION
 
    This matter is before the Authority on exceptions to the award of
 Arbitrator Otis H. King 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., November 30, 1984
                                       Henry B. Frazier III, Acting
                                       Chairman
                                       Ronald W. Haughton, Member
                                       FEDERAL LABOR RELATIONS AUTHORITY
 
    AMERICAN FEDERATION OF GOVERNMENT
 
    EMPLOYEES, LOCAL 987, AFL-CIO
 
                                   Union
 
    and
 
    DEPARTMENT OF THE AIR FORCE,
 
    WARNER ROBINS AIR FORCE LOGISTICS
 
    CENTER
 
                                 Activity
                                       Case No. O-AR-776
 
                                 DECISION
 
    This matter is before the Authority on exceptions to the award of
 Arbitrator Stanley E. Kravit 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., November 30, 1984
                                       Henry B. Frazier III, Acting
                                       Chairman
                                       Ronald W. Haughton, Member
                                       FEDERAL LABOR RELATIONS AUTHORITY
 
    DEPARTMENT OF THE ARMY,
 
    U.S. ARMY AG PUBLICATIONS
 
    CENTER
 
                                 Activity
 
    and
 
    LOCAL UNION 1409,
 
    AMERICAN FEDERATION OF
 
    GOVERNMENT EMPLOYEES, AFL-CIO
 
                                   Union
                                       Case No. O-AR-826
 
                                 DECISION
 
    This matter is before the Authority on exceptions to the award of
 Arbitrator J. Harvey Daly 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., November 30, 1984
                                       Henry B. Frazier III, Acting
                                       Chairman
                                       Ronald W. Haughton, Member
                                       FEDERAL LABOR RELATIONS AUTHORITY
 
    U.S. ARMY MISSILE COMMAND,
 
    REDSTONE ARSENAL, ALABAMA
 
                                 Activity
 
    and
 
    AMERICAN FEDERATION OF
 
    EMPLOYEES, LOCAL 1858
 
                                   Union
                                       Case No. O-AR-830
 
                                 DECISION
 
    This matter is before the Authority on exceptions to the award of
 Arbitrator H. Ellsworth Steele 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., November 30, 1984
                                       Henry B. Frazier III, Acting
                                       Chairman
                                       Ronald W. Haughton, Member
                                       FEDERAL LABOR RELATIONS AUTHORITY
 
    VETERANS ADMINISTRATION MEDICAL CENTER,
 
    BRECKSVILLE UNIT, BRECKSVILLE, OHIO
 
                                  Agency
 
    and
 
    AMERICAN FEDERATION OF GOVERNMENT
 
    EMPLOYEES, LOCAL 31
 
                                   Union
                                       Case No. O-AR-836
 
                                 DECISION
 
    This matter is before the Authority on exceptions to the award of
 Arbitrator Harry J. Dworkin 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., November 30, 1984
                                       Henry B. Frazier III, Acting
                                       Chairman