22:0605(67)AR MMP VS PCC -- 1986 FLRAdec AR



[ v22 p605 ]
22:0605(67)AR
The decision of the Authority follows:


22 FLRA NO. 67

PANAMA CANAL COMMISSION

     Agency

     and

INTERNATIONAL ORGANIZATION OF MASTERS,
MATES AND PILOTS, MARINE DIVISION
ILA, AFL-CIO

     Union

Case No. 0-AR-948

ORDER DENYING REQUEST FOR RECONSIDERATION

This matter is before the Authority at this time on a request filed by the Agency seeking reconsideration of the Authority's Order of July 17, 1986, dismissing the Union's exceptions.

The Union's exceptions to the Arbitrator's award, filed with the Authority on April 3, 1985, were dismissed on the basis that they were untimely. The award in this case, which resulted from a mediation-arbitration conducted by a Member of the Federal Service Impasses Panel, was dated January 17, 1985, and was apparently served on the parties by mail the same day. Subsequently, both parties requested clarification of the award and the Arbitrator responded on March 1, 1985, essentially reiterating his earlier award. In dismissing the exceptions as untimely, the Authority noted that while a response to a request for clarification which gives rise to the deficiencies alleged in the exceptions can operate to extend the time limits for filing with the Authority, the Arbitrator did not modify his award. In its motion for reconsideration the Agency argues that the Union's exceptions should be dismissed on a jurisdictional basis rather than on a procedural basis because the award was a final action of the Federal Service Impasses Panel reviewable under section 7117 or section 7118 of the Statute rather than an arbitrator's award reviewable under section 7122 of the Statute.

Section 2429.17 of the Authority's Rules and Regulations permits a party that can establish "extraordinary circumstances" to move for reconsideration of a decision of the Authority. Here, however, the Agency has not established "extraordinary circumstances" within the meaning of section 2429.17. Rather, the arguments presented by the Agency in support of its request essentially constitute nothing more than disagreement with the Authority's decision and an attempt to relitigate the matter.

Accordingly, the Agency's request for reconsideration is denied.

Issued, Washington, D.C. September 24, 1986.

Jerry L. Calhoun, Chairman
Henry B. Frazier III, Member
Jean McKee, Member

FEDERAL LABOR RELATIONS AUTHORITY

 

DEFENSE CONTRACT ADMINISTRATION
SERVICES REGION, LOS ANGELES, CALIFORNIA

     Activity

     and

AMERICAN FEDERATION OF GOVERNMENT
EMPLOYEES, LOCAL 2723

     Union

Case No. 0-AR-1162

DECISION

This matter is before the Authority on exceptions to the award of Arbitrator Joe H. Henderson 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.

Upon careful consideration of the entire record before the Authority, the Authority concludes that the Union has failed to establish that the Arbitrator's award is deficient on any of the grounds set forth in section 7122(a) of the Statute; that is, that the award is contrary to any law, rule, or regulation, or that the award is deficient on other grounds similar to those applied by Federal courts in private sector labor-management relations.

Accordingly, the Union's exceptions are denied.

Issued, Washington, D.C., September 24, 1986.

Jerry L. Calhoun, Chairman
Henry B. Frazier III, Member
Jean McKee, Member

FEDERAL LABOR RELATIONS AUTHORITY

ROBINS AIR FORCE BASE GEORGIA

     Activity

     and

AMERICAN FEDERATION OF GOVERNMENT
EMPLOYEES, LOCAL 987

     Union

Case No. 0-AR-1174

DECISION

This matter is before the Authority on exceptions to the award of Arbitrator Felix A. Nigro 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.

Upon careful consideration of the entire record before the Authority, the Authority concludes that the Union has failed to establish that the Arbitrator's award is deficient on any of the grounds set forth in section 7122(a) of the Statute; that is, that the award is contrary to any law, rule, or regulation, or that the award is deficient on other grounds similar to those applied by Federal courts in private sector labor-management relations.

Accordingly, the Union's exceptions are denied.

Issued, Washington, D.C., September 24, 1986.

Jerry L. Calhoun, Chairman
Henry B. Frazier III, Member
Jean McKee, Member

FEDERAL LABOR RELATIONS AUTHORITY

MILITARY ENTRANCE PROCESSING STATION
LOS ANGELES

     Activity

     and

AMERICAN FEDERATION OF GOVERNMENT
EMPLOYEES, LOCAL 2866

     Union

Case No. 0-AR-1188

DECISION

This matter is before the Authority on exceptions to the award of Arbitrator L. Lawrence Schultz 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.

Upon careful consideration of the entire record before the Authority, the Authority concludes that the Union has failed to establish that the Arbitrator's award is deficient on any of the grounds set forth in section 7122(a) of the Statute; that is, that the award is contrary to any law, rule, or regulation, or that the award is deficient on other grounds similar to those applied by Federal courts in private sector labor-management relations.

Accordingly, the Union's exceptions are denied.

Issued, Washington, D.C., September 24, 1986.

Jerry L. Calhoun, Chairman
Henry B. Frazier III, Member
Jean McKee, Member

FEDERAL LABOR RELATIONS AUTHORITY

 

DEPARTMENT OF HEALTH AND
HUMAN SERVICES, SOCIAL
SECURITY ADMINISTRATION

     Agency

     and

AMERICAN FEDERATION OF
GOVERNMENT EMPLOYEES, LOCAL 3506

     Union

Case No. 0-AR-1191

DECISION

This matter is before the Authority on exceptions to the award of Arbitrator Ernest E. Marlatt 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.

Upon careful consideration of the entire record before the Authority, the Authority concludes that the Union has failed to establish that the Arbitrator's award is deficient on any of the grounds set forth in section 7122(a) of the Statute; that is, that the award is contrary to any law, rule, or regulation, or that the award is deficient on other grounds similar to those applied by Federal courts in private sector labor-management relations.

Accordingly, the Union's exceptions are denied.

Issued, Washington, D.C., September 24, 1986.

Jerry L. Calhoun, Chairman
Henry B. Frazier III, Member
Jean McKee, Member

FEDERAL LABOR RELATIONS AUTHORITY

 

NEW CUMBERLAND ARMY DEPOT

     Activity

     and

AMERICAN FEDERATION OF GOVERNMENT
EMPLOYEES, LOCAL UNION No. 2004

     Union

Case No. 0-AR-1192

DECISION

This matter is before the Authority on exceptions to the award of Arbitrator John Paul Simpkins filed by the Activity under section 7122(a) of the Federal Service Labor - Management Relations Statute and part 2425 of the Authority's Rules and Regulations.

Upon careful consideration of the entire record before the Authority, the Authority concludes that the Activity has failed to establish that the Arbitrator's award is deficient on any of the grounds set forth in section 7122(a) of the Statute; that is, that the award is contrary to any law, rule, or regulation, or that the award is deficient on other grounds similar to those applied by Federal courts in private sector labor-management relations.

Accordingly, the Activity's exceptions are denied.

Issued, Washington, D.C., September 24, 1986.

Jerry L. Calhoun, Chairman
Henry B. Frazier III, Member
Jean McKee, Member

FEDERAL LABOR RELATIONS AUTHORITY

 

SOCIAL SECURITY ADMINISTRATION

     Agency

     and

AMERICAN FEDERATION OF GOVERNMENT
EMPLOYEES

     Union

Case No. 0-AR-1198

DECISION

This matter is before the Authority on exceptions to the award of Arbitrator Edward J. Sedlmeier 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.

Upon careful consideration of the entire record before the Authority, the Authority concludes that the Union has failed to establish that the Arbitrator's award is deficient on any of the grounds set forth in section 7122(a) of the Statute; that is, that the award is contrary to any law, rule, or regulation, or that the award is deficient on other grounds similar to those applied by Federal courts in private sector labor-management relations.

Accordingly, the Union's exceptions are denied. 1

Issued, Washington, D.C., September 24, 1986.

Jerry L. Calhoun, Chairman
Henry B. Frazier III, Member
Jean McKee, Member

FEDERAL LABOR RELATIONS AUTHORITY

 

U.S. ARMY ENGINEER DIVISION
NEW ORLEANS CORPS OF ENGINEERS
NEW ORLEANS, LOUISIANA

     Activity

     and

NATIONAL FEDERATION OF
FEDERAL EMPLOYEES, LOCAL 1124

     Union

Case No. 0-AR-1202

DECISION

This matter is before the Authority on exceptions to the award of Arbitrator H. Ellsworth Steele 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.

Upon careful consideration of the entire record before the Authority, the Authority concludes that the Union has failed to establish that the Arbitrator's award is deficient on any of the grounds set forth in section 7122(a) of the Statute; that is, that the award is contrary to any law, rule, or regulation, or that the award is deficient on other grounds similar to those applied by Federal courts in private sector labor-management relations.

Accordingly, the Union's exceptions are denied.

Issued, Washington, D.C., September 24, 1986.

Jerry L. Calhoun, Chairman
Henry B. Frazier III, Member
Jean McKee, Member

FEDERAL LABOR RELATIONS AUTHORITY

 

DEPARTMENT OF THE AIR FORCE
KIRTLAND AIR FORCE BASE, NEW MEXICO

     Activity

     and

AMERICAN FEDERATION OF GOVERNMENT
EMPLOYEES, AFL-CIO, LOCAL 2223

     Union

Case No. 0-AR-1203

DECISION

This matter is before the Authority on exceptions to the award of Arbitrator Don B. Hays 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.

Upon careful consideration of the entire record before the Authority, the Authority concludes that the Union has failed to establish that the Arbitrator's award is deficient on any of the grounds set forth in section 7122(a) of the Statute; that is, that the award is contrary to any law, rule, or regulation, or that the award is deficient on other grounds similar to those applied by Federal courts in private sector labor-management relations.

Accordingly, the Union's exceptions are denied.

Issued, Washington, D.C., September 24, 1986.

Jerry L. Calhoun, Chairman
Henry B. Frazier III, Member
Jean McKee, Member

FEDERAL LABOR RELATIONS AUTHORITY

 

VETERANS ADMINISTRATION
MEDICAL CENTER, NEWINGTON, CONNECTICUT

     Activity

     and

NATIONAL ASSOCIATION OF GOVERNMENT
EMPLOYEES, LOCAL R1-109,
MERIDEN, CONNECTICUT

     Union

Case No. 0-AR-1197

DECISION

This matter is before the Authority on exceptions to the award of Arbitrator James H. Stewart filed by the Activity under section 7122(a) of the Federal Service Labor - Management Relations Statute and part 2425 of the Authority's Rules and Regulations.

Upon careful consideration of the entire record before the Authority, the Authority concludes that the Activity has failed to establish that the Arbitrator's award is deficient on any of the grounds set forth in section 7122(a) of the Statute; that is, that the award is contrary to any law, rule, or regulation, or that the award is deficient on other grounds similar to those applied by Federal courts in private sector labor-management relations.

Accordingly, the Activity's exceptions are denied.

Issued, Washington, D.C., Septembe