40:0515(49)AR - - Navy Resale Activity, Guam and AFGE Local 1689 - - 1991 FLRAdec AR - - v40 p515



[ v40 p515 ]
40:0515(49)AR
The decision of the Authority follows:


40 FLRA No. 49

FEDERAL LABOR RELATIONS AUTHORITY

WASHINGTON, D.C.

U.S. DEPARTMENT OF THE NAVY

NAVY RESALE ACTIVITY, GUAM

(Agency)

and

AMERICAN FEDERATION OF GOVERNMENT EMPLOYEES

LOCAL 1689

(Union)

0-AR-2025

(40 FLRA 30 (1991))

ORDER DENYING MOTION FOR RECONSIDERATION

April 30, 1991

Before Chairman McKee and Members Talkin and Armendariz.

I. Statement of the Case

This matter is before the Authority on the Agency's motion for reconsideration of our order dismissing exceptions in 40 FLRA 30 (1991). The Union did not file an opposition to the Agency's motion.

Our order in 40 FLRA 30 dismissed the Agency's exceptions to an award of Arbitrator Thomas Q. Gilson. The award related to the removal of a nonappropriated fund employee. We held that we were without jurisdiction under section 7121(f) of the Statute to review the Agency's exceptions because the award related to the grievant's removal. For the reasons that follow, we will deny the Agency's motion for reconsideration. However, we will clarify our order to reflect that the Agency's exceptions are dismissed on the ground that the Arbitrator's award concerning the grievant's removal relates to a matter described in section 7121(f) which arose under another personnel system and we are without jurisdiction to review the Agency's exceptions.

II. The Order in 40 FLRA 30

In 40 FLRA 30 we concluded that the Agency's exceptions must be dismissed because the Arbitrator's award concerned the removal of a nonappropriated fund employee. In his award, the Arbitrator dismissed the grievance over the grievant's removal, rescinded the Agency's action barring the grievant from the U.S. Naval Station, Guam, and ordered the Agency to pay the grievant $500 in lieu of damages for lost wages from a job at a civilian fast food restaurant located on the Naval Station. The Agency filed exceptions to th