29:0465(45)AR - AFGE, DLA COUNCIL LOCAL 3953 VS DOD, DLA



[ v29 p465 ]
29:0465(45)AR
The decision of the Authority follows:


29 FLRA NO. 45



DEFENSE LOGISTICS AGENCY

                    Agency

               and

THE DLA COUNCIL OF AMERICAN
FEDERATION OF GOVERNMENT
EMPLOYEES (AFGE) AFL-CIO LOCALS
LOCAL 3953

                    Union

Case No. 0-AR-1398

DECISION

I. Statement of the Case

This matter is before the Authority on exceptions to the award of Arbitrator Stanley H. Sergent, Jr. 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. The Agency filed an opposition. For the reasons stated below, the Union's exceptions are denied.

II. Background and Arbitrator's Award

The Union grieved the Agency's alleged violation of the parties' agreement by the Agency's refusal to grant the Union President official time and payment of travel and per diem for his representational duties. The grievance was submitted to arbitration. Prior to a scheduled hearing, the Arbitrator permitted the Union to use the hearing for the purpose of addressing procedural questions relating to witnesses. The issues before the Arbitrator in this case were (1) which, if any, of the witnesses requested by the Union were relevant and necessary to testify in the hearing; and (2) whether those witnesses were entitled to travel and per diem expenses.