39:1322(116)AR - - DOI, Bureau of Indian Affairs, Chemawa Indian Boarding School and NFFE Local 241 - - 1991 FLRAdec AR - - v39 p1322


[ v39 p1322 ]
39:1322(116)AR
The decision of the Authority follows:

39 FLRA No. 116

FEDERAL LABOR RELATIONS AUTHORITY

WASHINGTON, D.C.

U.S. DEPARTMENT OF INTERIOR

BUREAU OF INDIAN AFFAIRS

CHEMAWA INDIAN BOARDING SCHOOL

(Agency)

and

NATIONAL FEDERATION OF FEDERAL EMPLOYEES

LOCAL 241

(Union)

0-AR-1994

DECISION

March 22, 1991

Before Chairman McKee and Members Talkin and Armendariz.

I. Statement of the Case

This matter is before the Authority on an exception to the award of Arbitrator Kenneth J. Latsch 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's opposition to the Union's exception was untimely filed and has not been considered.(*)

For the following reasons, we conclude that the award is contrary to section 7116(d) of the Statute. Accordingly, we will set aside the award and remand the matter to the parties for resubmission to arbitration.

II. Background and Arbitrator