51:1259(100)AR - - Federal Employees Metal Trades Council, Local 127 and Navy, Mare Island Naval Shipyard, Mare Island, CA - - 1996 FLRAdec AR - - v51 p1259
[ v51 p1259 ]
The decision of the Authority follows:
51 FLRA No. 100
FEDERAL LABOR RELATIONS AUTHORITY
FEDERAL EMPLOYEES METAL TRADES COUNCIL
U.S. DEPARTMENT OF THE NAVY
MARE ISLAND NAVAL SHIPYARD
MARE ISLAND, CALIFORNIA
April 30, 1996
Before the Authority: Phyllis N. Segal, Chair; Tony Armendariz and Donald S. Wasserman, Members.
I. Statement of the Case
This matter is before the Authority on an exception to an award of Arbitrator L. Lawrence Schultz 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 exception.
The Arbitrator's award granted the Agency's motion to dismiss the Union's grievance because the Union did not pursue the grievance with due diligence.
We conclude that the Union has failed to establish that the award is deficient under section 7122(a) of the Statute. Accordingly, we deny the Union's exception.
II. Arbitrator's Award
The Union invoked arbitration over a grievance concerning a reduction-in-force and an initial hearing date was selected by the parties. Subsequently, the Agency requested that the hearing be postponed. Thereafter, by letter dated May 24, 1995,(*) with a copy to the Union, the Agency notified the Arbitrator that a September 14 hearing date had been mutually agreed to by the parties. On September 6, the Agency sent a letter of confirmation to the Arbitrator concerning the hearing, also with a copy to the Union. On September 11, the Arbitrator was informed that the Union had not been timely notified of the September 14 hearing date, that