Department of Defense, Office of Dependents Schools (Agency) and Overseas Education Association (Union)

 8 FLRA No. 21
 
 DEPARTMENT OF DEFENSE,
 OFFICE OF DEPENDENTS
 SCHOOLS
 Agency
 
 and
 
 OVERSEAS EDUCATION
 ASSOCIATION
 Union
 
                                            Case No. 0-AR-153
 
                                 DECISION
 
    THIS MATTER IS BEFORE THE AUTHORITY ON EXCEPTIONS TO THE AWARD OF
 ARBITRATOR J. HARVEY DALY FILED BY THE UNION UNDER SECTION 7122(A) OF
 THE FEDERAL SERVICE LABOR-MANAGEMENT RELATIONS STATUTE (THE STATUTE) (5
 U.S.C. 7122(A)) AND PART 2425 OF THE AUTHORITY'S RULES AND REGULATIONS
 (5 CFR PART 2425).  /1/1 THE AGENCY FILED AN OPPOSITION.
 
    ACCORDING TO THE ARBITRATOR THE ISSUE SUBMITTED TO ARBITRATION
 QUESTIONED WHETHER THE GRIEVANT HAD BEEN UNJUSTLY DENIED A PROMOTION AND
 WHETHER THE GRIEVANCE HAD BEEN TIMELY FILED.  THE ARBITRATOR DETERMINED
 UNDER THE PARTIES' COLLECTIVE BARGAINING AGREEMENT THAT THE GRIEVANCE
 WAS UNTIMELY BECAUSE IT DID NOT MEET THE 10-DAY FILING REQUIREMENT AND
 BECAUSE THE CIRCUMSTANCES OF THE DELAY DID NOT QUALIFY FOR AN EXCEPTION
 TO THAT 10-DAY REQUIREMENT.  CONCLUDING THAT THE GRIEVANT HAD
 ACCORDINGLY RELINQUISHED HIS RIGHTS UNDER THE AGREEMENT AND THAT
 THEREFORE IT COULD NOT BE FOUND THAT THE GRIEVANT HAD BEEN UNJUSTLY
 DENIED A PROMOTION, THE ARBITRATOR DENIED THE GRIEVANCE.
 
    IN ITS EXCEPTIONS TO THE AWARD, THE UNION CONTENDS THAT THE AWARD IS
 DEFICIENT BECAUSE THE ARBITRATOR'S DETERMINATION THAT THE GRIEVANCE WAS
 NOT TIMELY FILED FAILS TO DRAW ITS ESSENCE FROM THE COLLECTIVE
 BARGAINING AGREEMENT AND IS BASED ON A NONFACT.  HOWEVER, THE UNION'S
 EXCEPTIONS CONSTITUTE NOTHING MORE THAN DISAGREEMENT WITH THE
 ARBITRATOR'S FINDINGS AND CONCLUSIONS REGARDING THE GRIEVANT'S FAILURE
 TO COMPLY WITH THE PROCEDURAL REQUIREMENTS OF THE PARTIES' AGREEMENT AND
 CONSEQUENTLY PROVIDE NO BASIS FOR FINDING THE AWARD DEFICIENT.  SEE,
 E.G., AMERICAN FEDERATION OF GOVERNMENT EMPLOYEES, LOCAL 169 AND TINKER
 AIR FORCE BASE, AIR LOGISTICS CENTER, OKLAHOMA CITY, OKLAHOMA, 7 FLRA
 NO. 8(1981);  U.S. DEPARTMENT OF AGRICULTURE, FOOD SAFETY AND QUALITY
 SERVICE AND NATIONAL JOINT COUNCIL OF FOOD INSPECTION LOCALS, AFGE,
 AFL-CIO, 6 FLRA NO. 48(1981).  ACCORDINGLY, THE UNION'S EXCEPTIONS ARE
 DENIED.  /2/
 
    ISSUED, WASHINGTON, D.C., FEBRUARY 11, 1982
 
                       RONALD W. HAUGHTON, CHAIRMAN
                       HENRY B. FRAZIER III, MEMBER
                       LEON B. APPLEWHAITE, MEMBER
                       FEDERAL LABOR RELATIONS AUTHORITY
 
 
 
 
 
 --------------- FOOTNOTES: ---------------
 
 
    /1/ THE UNION'S EXCEPTIONS WERE INITIALLY ORDERED DISMISSED AS
 UNTIMELY FILED (4 FLRA NO. 74(1980)), AN ORDER SUBSEQUENTLY RESCINDED BY
 AN ORDER DATED JUNE 15, 1981 (FEDERAL LABOR RELATIONS AUTHORITY REPORT
 OF CASE DECISIONS NO. 85, JUNE 18, 1981).
 
    /2/ IN ITS EXCEPTIONS THE UNION ALSO SOUGHT REASONABLE ATTORNEY FEES
 FOR THE GRIEVANT. HOWEVER, IN VIEW OF THE ARBITRATOR'S AWARD AND THIS
 DECISION OF THE AUTHORITY, THERE IS NO BASIS FOR AN AWARD OF ATTORNEY
 FEES TO THE GRIEVANT.