29:1177(85)AR - AFGE, LOCAL 1929 VS JUSTICE, INS
[ v29 p1177 ]
The decision of the Authority follows:
29 FLRA NO. 85 U.S. IMMIGRATION AND NATURALIZATION SERVICE Agency and NATIONAL BORDER PATROL COUNCIL, AFGE 1929 Union Case No. O-AR-1417
I. Statement of the Case
This matter is before the Authority on exceptions to the award of Arbitrator Wallace B. Nelson 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 to the exceptions. For the reasons stated below, the Union's exceptions are denied.
II. Background and Arbitrator's Award
A grievance was filed and submitted to arbitration concerning management's denial of official time to a Union representative. The Arbitrator framed the issue as whether management violated the parties' collective bargaining agreement by refusing to grant the chief steward's request for official time to represent a unit employee in a proposed removal action.
The Arbitrator determined, based on his interpretation of the parties' contract, that the dispute in this case was subject to an Agency regulation concerning discipline and adverse actions. The Arbitrator further determined that under this regulation the chief steward should have been authorize