10:0022(7)AR - Army, Fort Drum, NY and NAGE Local R2-61 -- 1982 FLRAdec AR

 10 FLRA No. 7
 
 DEPARTMENT OF THE ARMY,
 FORT DRUM, NEW YORK
 Activity
 
 and
 
 NATIONAL ASSOCIATION OF
 GOVERNMENT EMPLOYEES,
 LOCAL R2-61
 Union
 
                                            Case No. O-AR-323
 
                                 DECISION
 
    THIS MATTER IS BEFORE THE AUTHORITY ON AN EXCEPTION TO THE AWARD OF
 ARBITRATOR DANIEL C. WILLIAMS 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.  /1/ THE UNION
 DID NOT FILE AN OPPOSITION.
 
    THE PARTIES SUBMITTED TO THE ARBITRATOR THREE GRIEVANCES WHICH THE
 ACTIVITY CLAIMED WERE NOT ARBITRABLE UNDER THE TERMS OF THE PARTIES'
 COLLECTIVE BARGAINING AGREEMENT BECAUSE THEY WERE PRESENTED TO THE
 WRONG
 PERSON AND BECAUSE THEY WERE UNTIMELY FILED.  THE ARBITRATOR ISSUED AN
 AWARD RESOLVING THE DISPUTED ARBITRABILITY OF THE GRIEVANCES.  HE
 DETERMINED THAT IN THE CIRCUMSTANCES OF THIS CASE, IT WOULD BE
 UNREASONABLE TO REQUIRE STRICT COMPLIANCE WITH THE FILING REQUIREMENTS
 OF THE AGREEMENT.  ACCORDINGLY, THE ARBITRATOR FOUND THE GRIEVANCES
 ARBITRABLE.
 
    IN ITS EXCEPTION THE AGENCY CONTENDS THAT THE AWARD IS DEFICIENT
 BECAUSE THE GRIEVANCES WERE NOT ARBITRABLE AS A RESULT OF FAILING TO
 COMPLY WITH THE FILING REQUIREMENTS OF THE AGREEMENT WHICH WERE NOT
 WAIVED BY THE ACTIVITY.  HOWEVER, THE AGENCY'S EXCEPTION CONSTITUTES
 NOTHING MORE THAN DISAGREEMENT WITH THE ARBITRATOR'S FINDING AND
 CONCLUSION THAT THE GRIEVANCES WERE ARBITRABLE BECAUSE IT WOULD BE
 UNREASONABLE IN TERMS OF THIS CASE TO REQUIRE STRICT COMPLIANCE WITH THE
 FILING REQUIREMENTS OF THE 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 EXCEPTION IS 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
 
 
 
 
 
 --------------- FOOTNOTES$ ---------------
 
 
    /1/ THE AGENCY'S EXCEPTION WAS ORIGINALLY DISMISSED AS UNTIMELY
 FILED.  7 FLRA NO. 123(1982).  HOWEVER, ON PRODUCTION BY THE AGENCY OF
 SATISFACTORY EVIDENCE THAT ITS EXCEPTION WAS TIMELY, THE ORDER
 DISMISSING ITS EXCEPTION WAS RESCINDED, AND THE CASE WAS REOPENED FOR
 CONSIDERATION ON THE MERITS.