[ 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
Ronald W. Haughton, Member
FEDERAL LABOR RELATIONS AUTHORITY
SOCIAL SECURITY ADMINISTRATION,
MID-AMERICA PROGRAM SERVICE CENTER
Activity
and
AMERICAN FEDERATION OF GOVERNMENT
EMPLOYEES, NATIONAL COUNCIL OF SOCIAL
SECURITY PAYMENT CENTER
Union
Case No. O-AR-843
DECISION
This matter is before the Authority on exceptions to the award of
Arbitrator Joseph J. Nitka filed by the Activity under section 7122(a)
of the Federal Service Labor-Management 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., November 30, 1984
Henry B. Frazier III, Acting
Chairman
Ronald W. Haughton, Member
FEDERAL LABOR RELATIONS AUTHORITY
NATIONAL AERONAUTICS AND
SPACE ADMINISTRATION
Agency
and
INTERNATIONAL FEDERATION OF PROFESSIONAL AND
TECHNICAL ENGINEERS, LOCAL NO. 28, THE LEWIS
ENGINEERS AND SCIENTISTS ASSOCIATIONS
Union
Case No. O-AR-848
DECISION
This matter is before the Authority on exceptions to the award of
Arbitrator Roland H. Strasshofer 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,
MEDDAC, FORT CAMPBELL, KENTUCKY
Activity
and
AMERICAN FEDERATION OF GOVERNMENT
EMPLOYEES, LOCAL 2022, AFL-CIO
Union
Case No. O-AR-851
DECISION
This matter is before the Authority on exceptions to the award of
Arbitrator James F. Scearce 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
--------------- FOOTNOTES$ ---------------
/1/ Section 7122(b) of the Statute was amended by the Civil Service
Miscellaneous Amendments Act of 1983 (Pub. L. No. 98-224, Sec. 4, 98
Stat. 47, 48 (1984)) to provide that the 30-day period for filing
exceptions to an arbitrator's award begins on the date the award is
served on the filing party.
/2/ 49 Fed.Reg. 22623 (1984).