17:0952(125)AR - Labor and AFGE Local 12 -- 1985 FLRAdec AR



[ v17 p952 ]
17:0952(125)AR
The decision of the Authority follows:


 17 FLRA No. 125
 
 U.S. DEPARTMENT OF LABOR 
 Agency 
 
 and 
 
 AMERICAN FEDERATION OF GOVERNMENT 
 EMPLOYEES, LOCAL 12 
 Union
 
                                            Case No. 0-AR-762
 
                                 DECISION
 
    This matter is before the Authority on exceptions to the award of
 Arbitrator Paul J. Fassar, Jr. filed by both the Agency and 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 dispute in this matter concerns an allegation that the Agency had
 failed to provide the grievant, who has an extreme sensitivity to
 tobacco smoke due to a medical condition, with a totally smoke-free
 working environment.  The Agency had moved the grievant's work station
 several times to different locations in an effort to accommodate her
 sensitivity, but for various reasons each location proved unsatisfactory
 to either the grievant or the Agency.  The grievant was ultimately
 assigned to a permanent work station in which she was supplied with a
 fan and surgical mask, partitions were erected and the room rearranged
 so that the nearest smoker was thirty feet away.  Grievant did not find
 this arrangement satisfactory, requested and was granted leave without
 pay and filed the subject grievance which proceeded to arbitration.  The
 original arbitrator, at the Union's r