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09:0928(131)AR - Defense Mapping Agency, Hydrographic/Topographic Center and AFGE Local 3407 -- 1982 FLRAdec AR



[ v09 p928 ]
09:0928(131)AR
The decision of the Authority follows:


 9 FLRA No. 131
 
 DEFENSE MAPPING AGENCY,
 HYDROGRAPHIC/TOPOGRAPHIC
 CENTER
 Activity
 
 and
 
 AMERICAN FEDERATION OF GOVERNMENT
 EMPLOYEES, LOCAL 3407, AFL-CIO
 Union
 
                                            Case No. O-AR-387
 
                                 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) AND
 PART 2425 OF THE AUTHORITY'S RULES AND REGULATIONS.  THE ACTIVITY FILED
 AN OPPOSITION.
 
    THE DISPUTE IN THIS MATTER CONCERNS THE ACTIVITY'S FILLING OF
 POSITIONS UNDER POSITION VACANCY ANNOUNCEMENTS (PVA) 80-243 AND 81-75.
 GRIEVANCES WERE FILED ON BEHALF OF TWO EMPLOYEES THAT WERE ULTIMATELY
 SUBMITTED TO ARBITRATION CLAIMING THAT THE PROCEDURES USED IN FILLING
 THESE POSITIONS WERE CONTRARY TO GOVERNING REGULATIONS.
 
    AT THE OUTSET THE ARBITRATOR DETERMINED THAT THE GRIEVANCE RELATING
 TO PVA 80-243 WAS NOT TIMELY FILED AND THEREFORE WAS NOT ARBITRABLE.  AS
 HIS AWARD ON THE MERITS, THE ARBITRATOR DETERMINED THAT THE GRIEVANTS
 HAD BEEN PROPERLY CONSIDERED WITH RESPECT TO PVA 81-75 AND THAT THEY
 SHOULD NOT BE GRANTED PRIORITY CONSIDERATION.
 
    THE UNION FILED EXCEPTIONS TO THE AWARD STATING ONLY THAT THE AWARD
 WAS DEFICIENT BECAUSE:
 
    1.  THE ARBITRATOR EXCEEDED HIS AUTHORITY.
 
    2.  THE AWARD WAS NOT BASED UPON THE CLEARLY PROVEN FACTS PRESENTED
 AT THE HEARING.
 
    3.  THE ARBITRATOR WAS BIASED AND FAILED TO CONDUCT A FAIR HEARING BY
 REFUSING TO HEAR AND ACCEPT PERTINENT AND MATERIAL EVIDENCE.
 
    IN CONJUNCTION WITH THIS STATEMENT, THE UNION REQUESTED AN EXTENSION
 OF TIME TO JUNE 7, 1982 TO FILE A BRIEF CONTAINING ARGUMENTS AND
 CITATIONS OF AUTHORITY IN SUPPORT OF THE STATED GROUNDS IN THE
 EXCEPTIONS.  HOWEVER, NO SUCH BRIEF WAS FILED.  BECAUSE THE BARE
 STATEMENT OF GROUNDS IN THE UNION'S EXCEPTIONS FAILS TO DEMONSTRATE IN
 WHAT MANNER THE AWARD IS DEFICIENT AS ASSERTED BY THE UNION, THE UNION'S
 EXCEPTIONS PROVIDE NO BASIS FOR FINDING THE AWARD DEFICIENT UNDER
 SECTION 7122(A)(2) OF THE STATUTE.  CONSEQUENTLY, THE UNION'S EXCEPTIONS
 ARE DENIED.
 
    ISSUED, WASHINGTON, D.C., AUGUST 16, 1982
 
                       RONALD W. HAUGHTON, CHAIRMAN
 
                       HENRY B. FRAZIER III, MEMBER
 
                        LEON B. APPLEWHAITE, MEMBER
 
                     FEDERAL LABOR RELATIONS AUTHORITY