52:0079(6)AR - - NAGE, Local R5-168 and Army, Fort Polk, LA - - 1996 FLRAdec AR - - v52 p79

52 FLRA No. 6

FEDERAL LABOR RELATIONS AUTHORITY

WASHINGTON, D.C.

_____

NATIONAL ASSOCIATION OF GOVERNMENT EMPLOYEES

LOCAL R5-168

(Union)

and

U.S. DEPARTMENT OF THE ARMY

FORT POLK, LOUISIANA

(Agency)

0-AR-2786

_____

DECISION

August 20, 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 I.B. Helburn 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 determined that a grievance seeking environmental differential pay (EDP) for six grievants exposed to a potentially hazardous substance was not arbitrable because it was untimely filed. For the following reasons, 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. Background and Arbitrator's Award

The grievants, high voltage electricians, sought ED