19:0936(110)AR - Local 1164, AFGE and SSA Boston Region -- 1985 FLRAdec AR

 19 FLRA No. 110
 
 LOCAL 1164, AMERICAN FEDERATION
 OF GOVERNMENT EMPLOYEES, AFL-CIO
 Union
 
 and
 
 SOCIAL SECURITY ADMINISTRATION,
 BOSTON REGION
 Activity
 
                                            Case No. O-AR-819
 
                                 DECISION
 
    This matter is before the Authority on exceptions to the award, as
 clarified, of Arbitrator Theodore Role 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.
 
    A grievance was filed and submitted to arbitration in this case on
 the issue, among others, of whether the Activity violated the parties'
 collective bargaining agreement when it refused to grant the grievant
 union official's request for two hours of official time in order to
 prepare for the presentation of a grievance to the Activity's area
 director.  According to the Arbitrator, when the grievant's request was
 denied, she spent two hours of nonduty time on such preparation.  Noting
 both section 7131(d) of the Statute and the official time provisions of
 the parties' agreement that were negotiated to be consistent with the
 Statute, the Arbitrator ruled that the request was reasonable and that
 by denying the request, the Activity violated the Statute and the
 parties' agreement.  Accordingly, in his award as clarified, the
 Arbitrator found that the grievant should be given two hours of
 administrative leave to make her whole for the personal time spent
 preparing for the grievance presentation involved.
 
    In its exceptions the Agency primarily contends that the award of two
 hours of administrative leave is deficient because the Arbitrator was
 not authorized to grant administrative leave in lieu of official time in
 that the grievant was solely entitled to official time.  The Authority
 agrees.
 
    The Federal Personnel Manual provides auth