43:0761(61)AR - - Interior, Bureau of Land Management, Eugene District Office and NFFE Local 1911 - - 1991 FLRAdec AR - - v43 p761
[ v43 p761 ]
The decision of the Authority follows:
43 FLRA No. 61
FEDERAL LABOR RELATIONS AUTHORITY
U.S. DEPARTMENT OF THE INTERIOR
BUREAU OF LAND MANAGEMENT
EUGENE DISTRICT OFFICE
NATIONAL FEDERATION OF FEDERAL EMPLOYEES
December 24, 1991
Before Chairman McKee and Members Talkin and Armendariz.
I. Statement of the Case
This matter is before the Authority on exceptions to an award of Arbitrator Thomas F. Levak 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 filed an opposition to the Union's exceptions.
The Union filed a grievance alleging that the grievant was entitled to hazardous duty pay for performing certain firefighting duties. The Arbitrator denied the grievance.
For the following reasons, we conclude that the Union has not established that the award is deficient under section 7122(a) of the Statute. Accordingly, we will deny the Union's exceptions.
II. Background and Arbitrator's Award
In order to facilitate the planting of new trees, the Agency planned and ignited a fire in an wooded area. The fire spread to an area of private land and was put out by the grievant, a forester, and four or five other employees. A grievance was filed requesting hazardous duty pay for the grievant's firefighting duties and, when the grievance was not resolved, it was submitted to arbitration on the following stipulated issue:
Whether the Employer is obligated to pay the [g]rievant the hazardous duty differential for work outside the fire control line on the . . . prescribed burn.