61 FLRA No. 1

AFGE, COUNCIL 236, REGION 2 AND UNITED STATES, GENERAL SERVICES ADMINISTRATION, NORTHEAST AND CARIBBEAN REGION, 0-AR-3884 (June 2, 2005)

The Arbitrator found that the Union's grievance was not arbitrable because it presented the same issue as the Union's earlier-filed unfair labor practice (ULP) charge, and was therefore barred by § 7116(d) of the Statute.  The Authority found that  the factual circumstances presented in both the ULP and the grievance were the same.  Thus, the Authority denied the Union's exception that the Arbitrator erred in finding that § 7116(d) barred resolution of the grievance as it raised the same statutory issue as the earlier-filed ULP charge.