22:0060(6)AR - AFGE Local 1546 and Sharpe Army Depot -- 1986 FLRAdec AR
[ v22 p60 ]
22:0060(6)AR
The decision of the Authority follows:
22 FLRA No. 6
AMERICAN FEDERATION OF GOVERNMENT
EMPLOYEES, LOCAL 1546
Union
and
SHARPE ARMY DEPOT
Activity
Case No. 0-AR-1110
DECISION
I. STATEMENT OF THE CASE
This matter is before the Authority on an exception to the award of
Arbitrator Jean Wilcox filed by the Union pursuant to 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 over the removal of the grievant was submitted to
arbitration at which a preliminary issue as presented of whether the
grievance initiated by the Union directly with Commander of the Activity
complied with the requirements of the parties' negotiated grievance
procedure. The Arbitrator determined that the grievance in this case
was not the type of grievance properly filed directly with the Commander
and that consequently the Union had failed to comply with the
requirements of the parties' negotiated grievance procedure in filing
the grievance. Accordingly, the Arbitrator ruled that the grievance was
not arbitratable and that the merits of the grievance would not be
considered.
III. EXCEPTION
The Union contends that the award is deficient because it is
incomplete, ambiguous, and contradictory so as to make implementation
impossible.
IV. ANALYSIS AND CONCLUSIONS
With respect to the Union's contention, e Authority has advised that
to find an award deficient on this basis, there must be a showing that
the award is ambiguous or contradictory, or that implementation is
impossible, because of the award being unclear in its meaning and effect
or because of the award being too uncertain in its effect to be
sustained. Veterans Administration Hospital, Newington, Connecticut and
National Association of Gov