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10:0020(6)AR - Naval Air Station, OCEANA and Tidewater Virginia FEMT Council -- 1982 FLRAdec AR



[ v10 p20 ]
10:0020(6)AR
The decision of the Authority follows:


 10 FLRA No. 6
 
 NAVAL AIR STATION,
 OCEANA
 Activity
 
 and
 
 TIDEWATER VIRGINIA FEDERAL
 EMPLOYEES METAL TRADES
 COUNCIL, AFL-CIO
 Union
 
                                            Case No. O-AR-352
 
                                 DECISION
 
    THIS MATTER IS BEFORE THE AUTHORITY ON EXCEPTIONS TO THE AWARD OF
 ARBITRATOR ROBERT J. ABLES FILED BY THE AGENCY 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 UNION DID NOT
 FILE AN OPPOSITION.
 
    THE PARTIES SUBMITTED TO THE ARBITRATOR A GRIEVANCE CONCERNING THE
 ENTITLEMENT TO ENVIRONMENTAL DIFFERENTIAL PAY WHICH THE ACTIVITY CLAIMED
 HAD NOT BEEN TIMELY FILED IN ACCORDANCE WITH THE TIME LIMITATIONS OF THE
 PARTIES' COLLECTIVE BARGAINING AGREEMENT.  THE ARBITRATOR'S AWARD WITH
 RESPECT TO THE ACTIVITY'S CLAIM WAS THAT THE GRIEVANCE HAD BEEN TIMELY
 FILED UNDER THE TERMS OF THE AGREEMENT.
 
    THE AGENCY HAS ONLY FILED EXCEPTIONS TO THE PORTION OF THE AWARD
 FINDING THE GRIEVANCE ARBITRABLE AS TIMELY FILED UNDER THE TERMS OF THE
 PARTIES' COLLECTIVE BARGAINING AGREEMENT.  IN ITS EXCEPTIONS THE AGENCY
 CONTENDS THAT IN FINDING THE GRIEVANCE TIMELY FILED, THE ARBITRATOR
 EXCEEDED HIS AUTHORITY AND THE AWARD FAILS TO DRAW ITS ESSENCE FROM THE
 AGREEMENT.  HOWEVER, THE AGENCY'S EXCEPTIONS CONSTITUTE NOTHING MORE
 THAN DISAGREEMENT WITH THE ARBITRATOR'S FINDING AND CONCLUSION THAT THE
 GRIEVANCE WAS ARBITRABLE BECAUSE THE GRIEVANTS HAD COMPLIED WITH THE
 PROCEDURAL REQUIREMENTS OF THE PARTIES' COLLECTIVE BARGAINING AGREEMENT.
  IT IS WELL SETTLED THAT DISAGREEMENT WITH AN ARBITRATOR'S DETERMINATION
 WITH RESPECT TO THE PROCEDURAL ARBITRABILITY OF A GRIEVANCE PROVIDES NO
 BASIS FOR FINDING AN AWARD DEFICIENT.  E.G., HARRY S.  TRUMAN MEMORIAL
 VETERANS HOSPITAL, COLUMBIA, MISSOURI AND AMERICAN FEDERATION OF
 GOVERNMENT EMPLOYEES, AFL-CIO, LOCAL 3399, COLUMBIA, MISSOURI, 6 FLRA
 NO. 102(1981);  UNITED STATES ENVIRONMENTAL PROTECTION AGENCY, REGION
 IV, ATLANTA GEORGIA AND NATIONAL FEDERATION OF FEDERAL EMPLOYEES, LOCAL
 1907, 5 FLRA NO. 36(1981).  ACCORDINGLY, THE AGENCY'S EXCEPTIONS ARE
 DENIED.
 
    ISSUED, WASHINGTON, D.C., SEPTEMBER 7, 1982
 
                       RONALD W. HAUGHTON, CHAIRMAN
 
                       HENRY B. FRAZIER III, MEMBER
 
                        LEON B. APPLEWHAITE, MEMBER
 
                     FEDERAL LABOR RELATIONS AUTHORITY