10:0024(8)AR - Pearl Harbor Naval Shipyard and Hawaii FEMT Council -- 1982 FLRAdec AR

 10 FLRA No. 8
 
 PEARL HARBOR NAVAL SHIPYARD
 Activity
 
 and
 
 HAWAII FEDERAL EMPLOYEES METAL
 TRADES COUNCIL
 Union
 
                                            Case No. O-AR-282
 
                                 DECISION
 
    THIS MATTER IS BEFORE THE AUTHORITY ON EXCEPTIONS TO THE AWARD OF
 ARBITRATOR TED T. TSUKIYAMA 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 AGENCY DID NOT
 FILE AN OPPOSITION.
 
    THE PARTIES SUBMITTED TO THE ARBITRATOR AN INITIAL ISSUE OF WHETHER
 THE GRIEVANCE IN THIS MATTER HAD BEEN TIMELY FILED.  THE ARBITRATOR
 DETERMINED THAT THE GRIEVANCE HAD NOT BEEN TIMELY FILED IN ACCORDANCE
 WITH THE TIME LIMITATIONS SPECIFIED IN THE PARTIES' COLLECTIVE
 BARGAINING AGREEMENT.  ACCORDINGLY, AS HIS AWARD THE ARBITRATOR
 DISMISSED THE GRIEVANCE.
 
    IN ITS EXCEPTIONS THE UNION PRINCIPALLY CONTENDS THAT THE AWARD
 VIOLATES NATIONAL LABOR POLICY AND IS NOT LEGALLY SUPPORTABLE.  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'
 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., DEPARTMENT OF DEFENSE, OFFICIAL OF DEPENDENTS SCHOOLS
 AND OVERSEAS EDUCATION ASSOCIATION, 8 FLRA NO. 21(1982);  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(1982).  ACCORDINGLY, THE UNION'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