49:1508(135)AR - - AFGE Local 1592 and Air Force, Ogden Air Logistics Center, Hill AFB, UT - - 1994 FLRAdec AR - - v49 p1508
[ v49 p1508 ]
The decision of the Authority follows:
49 FLRA No. 135
FEDERAL LABOR RELATIONS AUTHORITY
AMERICAN FEDERATION OF GOVERNMENT EMPLOYEES
U.S. DEPARTMENT OF THE AIR FORCE
OGDEN AIR LOGISTICS CENTER
HILL AIR FORCE BASE, UTAH
July 1, 1994
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 Norman Brand 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 exceptions.
The Arbitrator denied a grievance contesting the grievant's performance rating. For the following reasons, we conclude that the exceptions provide no basis for finding the award deficient. Accordingly, we will deny the exceptions.
II. Background and Arbitrator's Award
The grievant, a sheet metal worker, grieved his performance appraisal. When the grievance was not resolved, it was submitted to expedited arbitration on the following issue, as framed by the Arbitrator:
Did the Employer apply established elements and standards, in accordance with law, rule, regulation, and the Master Labor Agreement in appraising the performance of [the grievant]?
If not, what remedy, [is] in accordance with applicable law?
Award at 1.
Following is the Arbitrator's opinion, in its entirety:
The Union has failed to show any violation of applicable rule, regulation, law, or the Master Labor Agreement. [The grievant] is an extremely competent, diligent employee. The Union has not shown that he was improperly rated when he was given fully successful ratings in some elements of his performance plan and exceeds in others.
Id. at 1-2. As his award, the Arbitrator denied the grieva