50:0113(22)AR - - AFGE, Local 1923 and HHS, SSA, HQ, Baltimore, MD - - 1995 FLRAdec AR - - v50 p113
[ v50 p113 ]
The decision of the Authority follows:
50 FLRA No. 22
FEDERAL LABOR RELATIONS AUTHORITY
AMERICAN FEDERATION OF GOVERNMENT EMPLOYEES
U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES
SOCIAL SECURITY ADMINISTRATION, HEADQUARTERS
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