23:0114(12)AR - Military Department of Arkansas, Office of the Adjutant General, Arkansas NG and Local 1671, NFFE -- 1986 FLRAdec AR



[ v23 p114 ]
23:0114(12)AR
The decision of the Authority follows:


 23 FLRA No. 12
 
 MILITARY DEPARTMENT OF ARKANSAS 
 OFFICE OF THE ADJUTANT GENERAL
 ARKANSAS NATIONAL GUARD
 Activity
 
 and
 
 LOCAL 1671, NATIONAL FEDERATION OF 
 FEDERAL EMPLOYEES
 Union
 
                                            Case No. 0-AR-1102
 
                                 DECISION
 
                           I.  STATEMENT OF CASE
 
    This matter is before the Authority on exceptions to the award of
 Arbitrator Ralph C. Barnhard filed by the Agency under section 7122(a)
 of the Federal Service Labor-Management Relations Statute (the Statute)
 and part 2425 of the Authority's Rules and Regulations.
 
                  II.  BACKGROUND AND ARBITRATOR's AWARD
 
    The grievance in this case involved the request of three union
 members for an excused absence without charge to leave (commonly known
 as administrative leave) to attend a training seminar for union
 officers.  Each individual had requested 40 hours of administrative
 leave, but was granted only 24 hours.  A grievance was filed and
 submitted to arbitration protesting the Activity's refusal to grant the
 full amount of the requests.  Before the Arbitrator the Activity
 maintained that certain sessions of the training seminar involved
 matters of internal union business and that such training was not
 training for which administrative leave can be granted.  Specifically,
 the Activity argued that under the provisions of section 7131(b) of the
 Statute, such training must be performed during the time the employee is
 in a nonduty status.  The Arbitrator rejected the Activity's argument.
 He concluded instead that section 7131(b) does not require that training
 of union members or officers in the proper conduct of the internal
 business of the union must be performed when the employees are in a
 nonduty status.  On this basis he sustained the grievance, ruling that
 the requested leave should have been granted.  Since no remedy was
 requested in the grievance, the Arbitrator stated that the only remedy
 available was "the bearing" his ruling may have on future requests for
 similar administrative leave.
 
                              III.  EXCEPTION
 
    The Agency contends that the award is deficient as contrary to
 section 7131(b) of the Statute.
 
                       IV.  ANALYSIS AND CONCLUSIONS
 
    The Authority agrees with the Agency.  The Statute requires that "any
 activities" by an employee relating to internal union business must be
 on nonduty time.  Service Employees International Union, Local 556,
 AFL-CIO, 17 FLRA 862 (1985).  Thus, contrary to the conclusion of