38:0541(49)AR - - Justice, Bureau of Prisons, Federal Correctional Institution, El Reno, OK and AFGE Local 171 - - 1990 FLRAdec AR - - v38 p541
[ v38 p541 ]
The decision of the Authority follows:
38 FLRA No. 49
FEDERAL LABOR RELATIONS AUTHORITY
U.S. DEPARTMENT OF JUSTICE
BUREAU OF PRISONS
FEDERAL CORRECTIONAL INSTITUTION
EL RENO, OKLAHOMA
AMERICAN FEDERATION OF GOVERNMENT EMPLOYEES
37 FLRA 559 (1990)
ORDER DENYING REQUEST FOR RECONSIDERATION
November 28, 1990
Before Chairman McKee and Members Talkin and Armendariz.
I. Statement of the Case
This case is before us on the Agency's request for reconsideration of the Authority's decision in 37 FLRA 559 (1990). The Union did not file an opposition to the Agency's request.
For the following reasons, we will deny the Agency's request.
II. The Authority's Decision in 37 FLRA 559
In 37 FLRA 559, we addressed the Agency's exceptions to the award of Arbitrator Charles J. Morris resolving a grievance over the payment of Environmental Differential Pay (EDP) for exposure to asbestos. We concluded that the award was ambiguous with respect to whether the requirements applicable to the payment of EDP under Federal Personnel Manual (FPM) Supplement 532-1, Subchapter S8-7, Appendix J had been satisfied. Accordingly, we decided as follows:
[T]he award is remanded to the parties for the purpose of requesting that the Arbitrator clarify his award to address fully, and in accordance with this decision, whether the grievants were working in areas where airborne concentrations of asbestos fibers may have exposed them to potential illness or injury, whether protective devices and safety measures practically eliminated that potential, and, i