50:0113(22)AR - - AFGE, Local 1923 and HHS, SSA, HQ, Baltimore, MD - - 1995 FLRAdec AR - - v50 p113



[ v50 p113 ]
50:0113(22)AR
The decision of the Authority follows:


50 FLRA No. 22

FEDERAL LABOR RELATIONS AUTHORITY

WASHINGTON, D.C.

_____

AMERICAN FEDERATION OF GOVERNMENT EMPLOYEES

LOCAL 1923

(Union)

and

U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES

SOCIAL SECURITY ADMINISTRATION, HEADQUARTERS

BALTIMORE, MARYLAND

(Agency)

0-AR-2643

_____

DECISION

January 31, 1995

_____

Before the Authority: Phyllis N. Segal, Chair; Tony Armendariz and Pamela Talkin, Members.

I. Statement of the Case

This matter is before the Authority on exceptions to an award of Arbitrator M. David Vaughn 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 Regulations. The Agency filed an opposition to the Union's exceptions.

The Arbitrator denied a grievance alleging that the Agency improperly revoked the grievant's parking permit.

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 deny the exceptions.

II. Background and Arbitrator's Award

The grievant filed a grievance alleging that the Agency had improperly revoked his parking permit. The grievance was submitted to arbitration, as relevant here, on the following issue, as framed by the Arbitrator:

[D]id the Agency violate the [a]greement or applicable law or regulation when it revoked [g]rievant's permit to park . . . ? If so, what shall be the remedy?

Award at 1.

The Arbitrator found that the grievant had accepted a reassignment based on his supervisor's oral assurance that he would receive parking privileges at his work location, and that the supervisor did, in fact, provide the grievant with a full-time parking permit for over 4 years. The Arbitrator also found that, after providing the Union with notice and an opportunity to bargain over a new parking policy, the Agency properly revoked all employee parking permits and reissued them in accordance with Government-wide parking regulations.

The Arbitrator rejected the Union's claim that the grievant had "negotiated a 'side deal' for a 'lifetime' parking permit . . . ." Id. at 11. In this regard, the Arbitrator found that: (1) the grievant's supervisor had no authority to issue a permanent full-time parking permit; (2) the grievant knew, or should have known, that the permit issued was subject to Agency policy and Government-wide regulations governing parking; (3) the permit was subject to review, revocation and reissuance in accordance with those regulations; and (4) under the Agency's new policy, the grievant did not qualify for a permit. The Arbitrator also stated that the agreement between the grievant and his supervisor was unenforceable under Statute of Frauds principles because it was not in writing. Finally, the Arbitrator found that the reassignment was valid when it was made and that, as the grievant had recently been promoted to a position which required little work-related travel, his need for a parking permit had further diminished.

Based on the foregoing, the Arbitrator denied the grievance.

III. Exceptions

A. Union's Contentions

The Union asserts that the award is contrary to law because the Arbitrator erred in finding that the agreement between the grievant and his supervisor was governed by the Statute of Frauds. According to the Union, this agreem