28:0574(70)AR - PHILADELPHIA METAL TRADES COUNCIL VS NAVY, NAVAL S



[ v28 p574 ]
28:0574(70)AR
The decision of the Authority follows:


28 FLRA NO. 70

DEPARTMENT OF THE NAVY
PHILADELPHIA NAVAL SHIPYARD
PHILADELPHIA, PENNSYLVANIA

                    Activity

         and

PHILADELPHIA METAL TRADES COUNCIL
PHILADELPHIA, PENNSYLVANIA

                   Union

Case No. 0-AR-1311

DECISION

I. Statement of the Case

This matter is before the Authority on exceptions to the January 15, 1987, award of Arbitrator Kinard Lang filed by the Union 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

A grievance was filed and submitted to arbitration alleging that the Activity violated the parties' collective bargaining agreement when the three grievants were not assigned to participate in sea trials of certain equipment aboard the USS Luce. The first sea trial period began on February 22, 1983; the second trial period began on March 10, 1983.

With regard to the first sea trial, the Arbitrator found convincing evidence that management had made the prerequisite determination that participation of two of the grievants was essential. The Arbitrator further found that management's subsequent action in not assigning the two grievants to that trial was not fair and equitable, as required by the parties' agreement. The Arbitrator therefore concluded that management violated the agreement by that action. As a remedy, the Arbitrator determined, based on the evidence and testimony, that the pertinent provision of the parties' agreement regarding compensation provided bargaining unit employees 16 hours of straight-time pay for every 24 hours aboard a ship at sea.

As to the second sea trial, which began on March 10, the Arbitrator found that the evidence concerning management's determination of the "essentiality" of the three grievants was inconclusive.

Accordingly, as his award, the Arbitrator sustained the grievance of the two grievants who were improperly denied assignment to the first sea trial, "commencing on February 22, 1983, and concluding on or about February 26, 1983." The Arbitrator awarded those grievants 16 hours of straight-time compensation, at their then applicable rate of pay, for every 24 consecutive hours they would have spent aboard the USS Luce during that trial. The Arbitrator denied the grievance of the third grievant as to the February 22 sea trial and the grievance of all three as to the March 10 trial.

III. First Exception

A. Position of the Parties

In its first exception, the Union argues that the Arbitrator erred in not awar