36:0025(4)AR - - AFGE Local 1963 and Veterans Affairs, Medical Center, Danville, IL - - 1990 FLRAdec AR - - v36 p25



[ v36 p25 ]
36:0025(4)AR
The decision of the Authority follows:


36 FLRA No. 4

FEDERAL LABOR RELATIONS AUTHORITY

WASHINGTON, D.C.

AMERICAN FEDERATION OF GOVERNMENT EMPLOYEES

LOCAL 1963

(Union)

and

U.S. DEPARTMENT OF VETERANS AFFAIRS

MEDICAL CENTER

DANVILLE, ILLINOIS

(Agency)

0-AR-1790

DECISION

June 6, 1990

Before Chairman McKee and Members Talkin and Armendariz.

I. Statement of the Case

This matter is before the Authority on exceptions to the award of Arbitrator Joseph P. Yaney 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 Union did not file an opposition to the Agency's exceptions.

The Arbitrator found that the Agency violated the parties' collective bargaining agreement by terminating an employee's dues withholding during the period that he was temporarily promoted to a supervisory position.

For the following reasons, we find that the Arbitrator's award is deficient because it is contrary to section 7115 of the Statute.

II. Background and Arbitrator's Award

This case arose when the Agency terminated the voluntary dues withholding of an employee after the employee had been temporarily promoted to a supervisory position. The Union filed a grievance, claiming that the action violated the parties' collective bargaining agreement.

The parties stipulated that the issue before the Arbitrator was: "Did the agency violate Article 31 of the Master Agreement and 5 USC 7115(b), in terminating the dues deduction of [an employee who had been temporarily promoted to a supervisory position]? If so, what is the remedy?" Award at 3.

The Arbitrator found that it should not matter to the Agency whether an employee wants to continue to pay dues to the Union after being temporarily promoted to a supervisory position. The Arbitrator concluded, therefore, that the Agency should take no action regarding dues withholding when an employee is temporarily promoted to a supervisory position. Accordingly, the Arbitrator ordered the Agency not to make changes in the dues allotments of employees who are temporarily promoted to supervisory positions and to inform unit employees who receive temporary promotions to supervisory positions that dues would continue to be withheld from their pay. The Arbitrator also ruled that the Agency was not required to reimburse the Union for the grievant's dues which had not been withheld during the period of the grievance.