29:1225(93)AR - OEA VS DOD, DODDS, PACIFIC REGION



[ v29 p1225 ]
29:1225(93)AR
The decision of the Authority follows:


29 FLRA NO. 93


DEPARTMENT OF DEFENSE DEPENDENTS
SCHOOLS, PACIFIC REGION

                   Activity

      and

OVERSEAS EDUCATION ASSOCIATION

                   Union

Case No. 0-AR-593
17 FLRA 1001 (1985)

DECISION AND ORDER ON REMAND

I. Statement of the Case

This case is before the Authority pursuant to a remand from the United States Court of Appeals for the District of Columbia Circuit in Overseas Education Association v. FLRA, No. 85-1420 (D.C. Cir. July 24, 1987) (OEA). This case concerns whether the Agency's exceptions to the award of Arbitrator Ted T. Tsukiyama establish that the award is deficient on any of the grounds set forth in section 7122(a) of the Federal Service Labor - Management Relations Statute (the Statute). On remand, we conclude that the Agency has failed to establish that the award is deficient. Consequently, we vacate the Authority's prior decision setting aside the award and we deny the exceptions.

II. History of the Case

A. Facts

This case arose when there was a reduction in the number of industrial arts teaching positions at a high school of the Activity. As a result, the grievant, an industrial arts teacher and area director of the Union, was first notified that his teaching position would be eliminated. Subsequently, he received formal advance notice of separation by reduction-in-