43:1535(123)AR - - Treasury, US Mint and AFGE, Mint Council, Local 1023 - - 1992 FLRAdec AR - - v43 p1535
[ v43 p1535 ]
The decision of the Authority follows:
43 FLRA No. 123
FEDERAL LABOR RELATIONS AUTHORITY
U.S. DEPARTMENT OF THE TREASURY
UNITED STATES MINT
AMERICAN FEDERATION OF GOVERNMENT EMPLOYEES
February 14, 1992
Before Chairman McKee and Members Talkin and Armendariz.
I. Statement of the Case
This matter is before the Authority on an exception to an award of Arbitrator Thomas J. Ryan 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 did not file an opposition to the Union's exception.
The Arbitrator denied a grievance alleging that the Agency violated the parties' collective bargaining agreement by assigning the grievant to the second shift. We conclude that the Union's exception provides no basis for finding the award deficient. Accordingly, we will deny the exception.
II. Background and Arbitrator's Award
On November 28, 1990, the grievant, a coin press operator, was reassigned from the first shift to the second shift. On an annual basis, the Agency makes shift reassignments on the basis of seniority in accordance with a "shift choice roster" which lists employees' shift preferences. Award at 2. When the new shift assignments were made, seven temporary employees with less seniority than the grievant were placed on the first shift. The grievant filed a grievance claiming that her shift assignment was not made on the basis of seniority. As a permanent employee, the grievant asserted that she possessed greater seniority than the seven temporary employees assigned to the first shift.
The grievance was not resolved and was submitted to arbitration. The Arbitrator framed the issue as: "Did the [Agency] violate Article 10-2 of the agreement when it assigned [the grievant] to the second shift on November 28, 1990? If so, what shall the remedy be?"(1) Id. at 5.
The Arbitrator concluded that "on a pure seniority basis" the grievant would "merit being assigned to the first shift." Id. at 9. However, the Arbitrator found that, in implementing Article 10-2, the practice had been to "realign the shifts with a basic nucleus of permanent employees on each shift" and to distribute the temporary employees on each shift. Id. at 3. According to the Arbitrator, this practice enabled the Agency, in the case of a furlough, to retain a sufficient number of permanent employees assigned to each shift in order to insure continuity of production. The Arbitrator noted that if the "shift rosters were assigned purely on seniority, the third shift would have all the young and inexperienced personnel, the second shift would be mixed, and the first shift would have all the experienced personnel." Id. at 9.
The Arbitrator stated that three of the seven temporary employees on the first shift were assigned, as needed, to other organizational units to maintain p