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Local 1770, American Federation of Government Employees, Fort Bragg, North Carolina (Union) and Department of the Army, Headquarters, XVIII Airborne Corps and Fort Bragg, North Carolina (Activity) 



[ v08 p242 ]
08:0242(51)AR
The decision of the Authority follows:


 8 FLRA No. 51
 
 LOCAL 1770, AMERICAN FEDERATION
 OF GOVERNMENT EMPLOYEES, FORT
 BRAGG, NORTH CAROLINA
 Union
 
 and
 
 DEPARTMENT OF THE ARMY,
 HEADQUARTERS, XVIII AIRBORNE
 CORPS AND FORT BRAGG, NORTH
 CAROLINA
 Activity
 
                                            Case No. O-AR-214
 
                                 DECISION
 
    THIS MATTER IS BEFORE THE AUTHORITY ON AN EXCEPTION TO THE AWARD OF
 ARBITRATOR MALCOLM J. HALL FILED BY THE UNION UNDER SECTION 7122(A) OF
 THE FEDERAL SERVICE LABOR-MANAGEMENT RELATIONS STATUTE (5 U.S.C SEC.
 7122(A)) (THE STATUTE) AND PART 2425 OF THE AUTHORITY'S RULES AND
 REGULATIONS (5 CFR PART 2425).  THE AGENCY FILED AN OPPOSITION.  /1/
 
    ACCORDING TO THE ARBITRATOR, THE DISPUTE IN THIS MATTER AROSE WHEN
 THE ACTIVITY DENIED THE GRIEVANT, A UNION REPRESENTATIVE, TWO HOURS OF
 OFFICIAL TIME TO PERFORM REPRESENTATIONAL DUTIES.  A GRIEVANCE WAS FILED
 AND THE MATTER WAS ULTIMATELY SUBMITTED TO ARBITRATION.
 
    IN THE OPINION ACCOMPANYING HIS AWARD, THE ARBITRATOR EVALUATED THE
 EVIDENCE AND TESTIMONY BEFORE HIM AND NOTED THAT THE GRIEVANT'S REQUEST
 HAD BEEN DENIED BY THE ACTIVITY BECAUSE OF WORKLOAD REQUIREMENTS IN THE
 BRANCH IN WHICH GRIEVANT WORKED, THAT HE HAD BEEN OFFERED ALTERNATE
 TIMES BY THE ACTIVITY FOR ATTENDING TO THE SAME BUSINESS, AND THAT THE
 PARTIES' AGREEMENT DID NOT SPECIFY A PERCENTAGE OF TIME THAT
 REPRESENTATIVES WERE ENTITLED TO FOR PERFORMING THE DUTIES WHICH THE
 GRIEVANT HAD SOUGHT TO PERFORM.  HE CONCLUDED THAT THE ACTIVITY HAD NOT
 VIOLATED THE AGREEMENT BY DENYING THE GRIEVANT THE REQUESTED OFFICIAL
 TIME IN THE CIRCUMSTANCES OF THIS CASE.  THE ARBITRATOR ALSO OFFERED A
 "RECOMMENDED" "GUIDELINE FOR THE FUTURE" TO THE PARTIES AS TO THE
 PERCENTAGE OF DUTY TIME WHICH UNION REPRESENTATIVES SHOULD BE GIVEN FOR
 PERFORMING CERTAIN UNION DUTIES.
 
    IN ITS EXCEPTION THE UNION CONTENDS THAT THE AWARD IS CONTRARY TO
 SECTION 7131(D) OF THE STATUTE /2/ WHICH "OBVIOUSLY CONTEMPLATES THE
 EMPLOYEES' RIGHTS TO BE REPRESENTED AND TO REPRESENT." THE UNION ALSO
 CONTENDS THAT THE "GUIDELINE" OFFERED BY THE ARBITRATOR CANNOT BE
 RECONCILED WITH SECTION 7131(D).  /3/
 
    THE UNION'S EXCEPTION PROVIDES NO BASIS FOR FINDING THE AWARD
 DEFICIENT.  THE UNION HAS IN NO MANNER DEMONSTRATED THAT THE
 ARBITRATOR'S AWARD FINDING THAT THE AGREEMENT HAD NOT BEEN VIOLATED BY
 THE DENIAL OF THE REQUESTED TIME IN THIS CASE IS CONTRARY TO SECTION
 7131(D) OF THE STATUTE OR THAT SECTION 7131(D) MANDATES THE GRANTING OF
 OFFICIAL TIME IN THE CIRCUMSTANCES OF THIS CASE.  THEREFORE THE UNION'S
 EXCEPTION IS DENIED.
 
    ISSUED, WASHINGTON, D.C., MARCH 24, 1982
 
                       RONALD W. HAUGHTON, CHAIRMAN
 
                       HENRY B. FRAZIER III, MEMBER
 
                        LEON B. APPLEWHAITE, MEMBER
 
                     FEDERAL LABOR RELATIONS AUTHORITY
 
 
 
 
 
 --------------- FOOTNOTES: ---------------
 
 
    /1/ IN ITS OPPOSITION, THE AGENCY ALSO CONTENDS THAT THE UNION'S
 EXCEPTION SHOULD BE DISMISSED AS UNTIMELY FILED.  HOWEVER, THE UNION'S
 EXCEPTION WAS TIMELY FILED WITH THE AUTHORITY IN ACCORDANCE WITH THE
 AUTHORITY'S RULES AND REGULATIONS AND THEREFORE THIS MATTER IS PROPERLY
 BEFORE THE AUTHORITY FOR DECISION.
 
    /2/ 5 U.S. SEC. 7131(D) PROVIDES:
 
    (D) EXCEPT AS PROVIDED IN THE PRECEDING SUBSECTIONS OF THIS SECTION--
 
    (1) ANY EMPLOYEE REPRESENTING AN EXCLUSIVE REPRESENTATIVE, OR
 
    (2) IN CONNECTION WITH ANY OTHER MATTER COVERED BY THIS CHAPTER, ANY
 EMPLOYEE IN AN
 
    APPROPRIATE UNIT REPRESENTED BY AN EXCLUSIVE REPRESENTATIVE, SHALL BE
 GRANTED OFFICIAL TIME IN ANY AMOUNT THE AGENCY AND THE EXCLUSIVE
 REPRESENTATIVE INVOLVED AGREE TO BE REASONABLE, NECESSARY, AND IN THE
 PUBLIC INTEREST.
 
    /3/ THE UNION ALSO CONTENDS THAT "THE AWARD CANNOT BE DRAWN FROM THE
 ESSENCE OF THE AGREEMENT," BUT OFFERS NO ARGUMENTS IN SUPPORT OF THIS
 CONTENTION OTHER THAN THOSE RELATING TO SECTION 7131(D) OF THE STATUTE.