50:0528(70)AR - - NFFE, Local 11 and Air Force, Fairchild AFB, WA - - 1995 FLRAdec AR - - v50 p528



[ v50 p528 ]
50:0528(70)AR
The decision of the Authority follows:


50 FLRA No. 70

FEDERAL LABOR RELATIONS AUTHORITY

WASHINGTON, D.C.

_____

NATIONAL FEDERATION OF FEDERAL EMPLOYEES

LOCAL 11

(Union)

and

U.S. DEPARTMENT OF THE AIR FORCE

FAIRCHILD AIR FORCE BASE, WASHINGTON

(Agency)

0-AR-2707

_____

DECISION

June 21, 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 Kent J. Collings 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 exception.

The Arbitrator sustained a grievance and directed the parties to share equally his fees and expenses.

We conclude that the Union's exception fails to establish that the award is deficient under section 7122(a) of the Statute. Accordingly, we deny the exception.

II. Arbitrator's Award

The Arbitrator sustained the grievance over the grievant's performance appraisal and directed the Agency to reevaluate his performance. In accordance with Article VIII, Section 4 of the parties' collective bargaining agreement,(*) the Arbitrator decided that there was no "losing party" and directed the parties to share equally his fees and expenses.

III. Exception

A. Union's Contentions

The Union contends that "the Arbitrator's decision to split the fees and expenses is contrary to . . . law, rule or regulation or [is deficient] on other grounds similar to those applied by Federal Courts in private sector labor-management relations." Exception at 2. The Union argues that under Article VIII, Section 4 of the collective bargaining agreement, the Arbitrator was instructed to