50:0184(34)AR - - AFGE, Local 2921 and Army and Air Force Exchange Service, Dallas, TX - - 1995 FLRAdec AR - - v50 p184
[ v50 p184 ]
The decision of the Authority follows:
50 FLRA No. 34
FEDERAL LABOR RELATIONS AUTHORITY
AMERICAN FEDERATION OF GOVERNMENT EMPLOYEES
U.S. DEPARTMENT OF THE ARMY
ARMY & AIR FORCE EXCHANGE SERVICE
February 27, 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 an exception to an award of Arbitrator Joe D. Woodward 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 determined that the Union's grievance was not arbitrable.
For the reasons that follow, we conclude that the Union has failed to establish that the award is deficient under section 7122(a) of the Statute and, therefore, we deny the Union's exception.
II. Background and Arbitrator's Award
The Union filed a grievance on February 2, 1994, alleging that two employees were improperly detailed to higher-graded positions on or about June 1, 1991, and May 11, 1992, and that it became aware of the alleged violation on or about January 12, 1994. The Arbitrator determined that there were threshold arbitrability issues concerning, among other things, whether the grievance was incorrectly filed as a Union grievance under Article 43, Section 8 of the parties' master agreement and whether the grievance was timely.(*)
The Arbitrator found that the grievance was not a Union grievance under Article 43, Section 8 and was not timely filed under the parties' agreement. Therefore, the Arbitrator determined that the grievance was not arbitrable.
III. Union's Exception
The Union contends that the award does not draw its essence from the parties' agreement and, therefore, is inconsistent