21:0307(39)AR - Norfolk Naval Shipyard, Portsmouth, Virginia. And Tidewater Virginia FEMTC -- 1986 FLRAdec AR



[ v21 p307 ]
21:0307(39)AR
The decision of the Authority follows:


 21 FLRA No. 39
 
 NORFOLK NAVAL SHIPYARD, 
 PORTSMOUTH, VIRGINIA
 Activity
 
 and
 
 TIDEWATER VIRGINIA FEDERAL 
 EMPLOYEES METAL TRADES COUNCIL
 Union
 
                                            Case No. 0-AR-1056
 
                                 DECISION
 
                  I.  STATEMENT OF THE CASE
 
    This matter is before the Authority on an exception to the award of
 Arbitrator Robert J. Ables filed by the Department of the Navy (the
 Agency) under section 7122(a) of the Federal Service Labor-Management
 Relations Statute and part 2425 of the Authority's Rules and
 Regulations.
 
                  II.  BACKGROUND AND ARBITRATOR'S AWARD
 
    The grievance alleged that the Activity denied the grievant the
 opportunity to work overtime on an asbestos rip-out project because she
 was absent on sick leave on the day the overtime assignments were made.
 The grievance also alleged that during later changes in the overtime
 assignments made after the grievant had returned to work a less
 qualified employee was chosen instead of the grievant.  The Arbitrator
 found that the Activity violated pertinent provisions of the parties'
 collective bargaining agreement when it failed to select the grievant
 for the overtime assignment and ruled that "the grievant should have
 been assigned or, at le