21:0757(94)AR - OFT and DOD Dependents Schools, Mediterranean Region -- 1986 FLRAdec AR



[ v21 p757 ]
21:0757(94)AR
The decision of the Authority follows:


 21 FLRA No. 94
 
 OVERSEAS FEDERATION 
 OF TEACHERS
 Union
 
 and
 
 DEPARTMENT OF DEFENSE 
 DEPENDENTS SCHOOLS, 
 MEDITERRANEAN REGION
 Activity
 
                                            Case No. 0-AR-1005
 
                                 DECISION
 
                         I.  STATEMENT OF THE CASE
 
    This matter is before the Authority on an exception to the award of
 Arbitrator Thomas F. Carey 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.
 
                  II.  BACKGROUND AND ARBITRATOR'S AWARD
 
    A grievance was filed by the Activity and submitted to arbitration
 where the Arbitrator stated the issue as whether the Union violated the
 Parties' collective bargaining agreement when it used and encouraged
 unit members to use other than the contractual grievance procedure to
 seek redress from the Activity in matters covered by the grievance
 procedure.  In resolving the grievance, the Arbitrator in particular
 addressed an incident cited by the Activity as supporting its grievance.
  This incident involved the barring by the Spanish government of an
 overseas teacher from her teaching location on a naval base in Spain,
 and management's decision to place her on enforced leave without pay
 instead of reassigning her to another teaching location.  The Arbitrator
 specifically noted evidence of several letters on union stationery from
 the local union president to the Director of Department of Defense
 Dependents Schools, to the President of the United States, and to
 several members of Congress seeking assistance on the decision of the
 Spanish government to bar the teacher from her place of employment and
 the decision of the Activity not to reassign her.  The Arbitrator
 further noted evidence that the local union president in his
 representative capacity also urged unit members to send similar appeals
 to such persons.  On the basis of this evidence, the Arbitrator
 determined that these actions of the Union in seeking assistance on
 management's decision not to reassign the teacher violated the spirit
 and intent of the collective bargaining agreement and to this extent he
 accordingly sustained the grievance.  As a remedy the Arbitrator
 directed as follows:
 
          The Union is directed to inform its local Unon leaders, in
       writing, of their contractual obligation to utilize the
       contractual grievance procedure for those contractual "matters
       relating to their employment which are within the control of the
       Employer" as specified and distinguished in the body of this
       Decision, and to further advise them to cease an