30:1003(109)AR - SSA and AFGE Council 220; HHS, SSA and AFGE; HHS, SSA and AFGE Local 3231; HHS, SSA and AFGE Council 220 -- 1988 FLRAdec AR



[ v30 p1003 ]
30:1003(109)AR
The decision of the Authority follows:



30 FLRA NO. 109
30 FLRA 1003

 22 JAN 1988


SOCIAL SECURITY ADMINISTRATION

              Agency

      and

AMERICAN FEDERATION OF GOVERNMENT
EMPLOYEES, COUNCIL 220, AFL-CIO

              Union

Case No. 0-AR-1415

DEPARTMENT OF HEALTH AND HUMAN SERVICES
SOCIAL SECURITY ADMINISTRATION

              Agency

       and

AMERICAN FEDERATION OF GOVERNMENT
EMPLOYEES

              Union

Case No. 0-AR-1421

DEPARTMENT OF HEALTH AND HUMAN SERVICES
SOCIAL SECURITY ADMINISTRATION

              Agency

       and

AMERICAN FEDERATION OF GOVERNMENT
EMPLOYEES, AFL-CIO, LOCAL 3231

              Union

Case No. 0-AR-1437

[PAGE]

DEPARTMENT OF HEALTH AND HUMAN SERVICES
SOCIAL SECURITY ADMINISTRATION

              Agency

       and

AMERICAN FEDERATION OF GOVERNMENT
EMPLOYEES, AFL-CIO, COUNCIL 220

              Union

Case No. 0-AR-1439

ORDER REMANDING CASES

     These cases are before us on exceptions to the awards of
Arbitrators J. Reese Johnston, Jr. (Case No. 0-AR-1415), Preston
J. Moore (Case No. 0-AR-1421), Patrick J. Basial (Case No.
0-AR-1437), and John A. Griffin (Case No. 0-AR-1439). The
exceptions were 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.
The cases are part of a protracted dispute between the parties
concerning the interpretation and application of the official
time provisions of the parties' collective bargaining agreement
and other related issues.

     In each of these cases, the grievances which were submitted
to arbitration were filed by the Agency and assertedly involved
issues which had been previously submitted to, and resolved by,
Arbitrator Justin C. Smith in the course of the national level
official time dispute. Each Arbitrator declined jurisdiction over
the grievance or grievances submitted to him on the grounds that
Arbitrator Smith had already decided the matter at issue in an
earlier proceeding. In each case, the Agency raised the issue of
the extent of Arbitrator Smith's authority in the overall
dispute.

     On November 6, 1987, the Authority issued a decision in
another case in this dispute. American Federation of Government
Employees and Social Security Administration, 29 FLRA  1568
(1987) (Member McKee dissenting), request for reconsideration
denied, 30  FLRA  No. 45 (1987). In that decision, the Authority
set aside an order issued by Arbitrator Smith related to the
nature and extent of his authority in the overall dispute. 

     The Authority urged the parties to expend all available
efforts to resolve the dispute bilaterally. The Autho