52:0079(6)AR - - NAGE, Local R5-168 and Army, Fort Polk, LA - - 1996 FLRAdec AR - - v52 p79
[ v52 p79 ]
The decision of the Authority follows:
52 FLRA No. 6
FEDERAL LABOR RELATIONS AUTHORITY
NATIONAL ASSOCIATION OF GOVERNMENT EMPLOYEES
U.S. DEPARTMENT OF THE ARMY
FORT POLK, LOUISIANA
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 EDP from the Agency, claiming that they had been exposed to a potentially hazardous substance for a number of years. The Agency determined that the grievants were entitled to EDP for only a portion of their work time. Because the Union disagreed with the Agency's decision, the Union filed a claim with the General Accounting Office (GAO). After GAO returned the claim on the basis that GAO would no longer adjudicate matters covered by negotiated grievance procedures, the Union filed a grievance, which proceeded to arbitration on the following issues, as formulated by the Arbitrator:
1. Is the grievance arbitrable?
2. If so, are the grievants entitled to EDP in addition to that already granted by the Agency?