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58 FLRA No. 20
AFGE, Local 3911 and U. S. Environmental Protection Agency (Douglas, Arbitrator), 0-AR-3495 (Decided September 19, 2002)
The Arbitrator denied a grievance alleging that the Agency violated provisions in the parties' collective bargaining agreement and flexiplace agreement when it denied the grievant's request to work two days at an alternate work location. The Authority denied the exceptions.
The Union's motion to strike the attachment to the Agency's opposition was denied. The Authority noted that under § 2429.5 of its Regulations, the Authority may take official notice of issued decisions in other FLRA proceedings. As to the request for dismissal based on the allegations that the there were misstatements, the Authority noted that nothing in its Regulations provided for dismissal of a party's filing on the grounds that the filing contains inaccurate or false information.
Regarding the allegation that the award was contrary to law, the Authority held that consistent with the Arbitrator's findings, the exception, including the contention that the Arbitrator's application of the parties' agreements conflicted with § 7102, provided no basis for finding the award deficient. The Authority explained that Section 7102 of the Statute guarantees employees the right to engage in activities on behalf of an exclusive representative without fear of penalty or reprisal. The Arbitrator found no evidence that established that the Agency restrained, interfered with, coerced, or discriminated against the grievant or that the grievant's rights were compromised. The Arbitrator found the grievant's status as an official of the Union did not automatically allow, entitle, or qualify him to continue to participate in the flexiplace program. The Authority also rejected allegations that the award was based on a nonfact, that the Arbitrator exceed his Authority, and the award failed to draw its essence from the agreement.