46:0440(36)AR - - DOD, Defense Finance and Accounting Service, KS City Center, KS City, MO and AFGE Local 2904 - - 1992 FLRAdec AR - - v46 p440
[ v46 p440 ]
The decision of the Authority follows:
46 FLRA No. 36
FEDERAL LABOR RELATIONS AUTHORITY
U.S. DEPARTMENT OF DEFENSE
DEFENSE FINANCE AND ACCOUNTING SERVICE
KANSAS CITY CENTER
KANSAS CITY, MISSOURI
AMERICAN FEDERATION OF GOVERNMENT EMPLOYEES
October 30, 1992
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 Stanford C. Madden 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.(1) The Agency filed an opposition to the Union's exceptions.
The Arbitrator denied a Union grievance alleging that the Agency failed to credit employees transferred from the Marine Corps Finance Center (MCFC) to the Defense Finance and Accounting Service (DFAS) with the proper amount of pay and accrued leave as required by the parties' collective bargaining agreement. The Arbitrator determined that the grievance was untimely filed. Alternatively, the Arbitrator determined that the grievance must be denied because the Union did not demonstrate that the Agency's actions violated the collective bargaining agreement.
For the reasons stated below, we conclude that the Union fails to demonstrate that the award is deficient as to the arbitrator's finding that the grievance was untimely. Therefore, we will deny the Union's exceptions.
II. Background and Arbitrator's Award
As a result of a reorganization, a number of employees from MCFC were transferred to DFAS on January 20, 1991. Although both MCFC and DFAS utilize a payroll year consisting of 26, 2-week pay periods, the MCFC 1991 payroll year began one week earlier than the DFAS 1991 payroll year. Therefore, the transfer of employees became effective in the middle of the first MCFC 19