50:0275(47)AR - - AFGE, Local 2924 and Air Force, Davis-Monthan AFB, Tucson, AZ - - 1995 FLRAdec AR - - v50 p275
[ v50 p275 ]
The decision of the Authority follows:
50 FLRA No. 47
FEDERAL LABOR RELATIONS AUTHORITY
AMERICAN FEDERATION OF GOVERNMENT EMPLOYEES
U.S. DEPARTMENT OF THE AIR FORCE
DAVIS-MONTHAN AIR FORCE BASE
March 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 exceptions to an award of Arbitrator David W. Doner 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 filed an opposition to the Union's exceptions.
The Arbitrator denied a grievance seeking restoration of environmental differential pay (EDP) for certain bargaining unit employees.
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. Arbitrator's Award
Based on the recommendation of its Environmental Differential Pay Committee (EDPC), the Agency's Civilian Personnel Officer terminated EDP for bargaining unit employees working with explosives. The parties formulated the following issue for arbitration:
Whether according to [F]ederal law and regulations, the Employer's decision to terminate and deny EDP for the employees named in the 3 November 1992 grievance was proper?
Award at 5.
At the arbitration hearing, the parties disagreed as to the precise scope of the issue. In attempting to delineate the issue before him, the Arbitrator addressed "two procedural side issues" raised by the Union and decided that neither issue was properly before him. Id. at 6. The Arbitrator concluded that the Union's claim that the Agency terminated EDP during the pendency of a question concerning representation (QCR) raised a new issue and that the Union's asse