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12:0181(45)AR - Army Engineer District, Los Angeles and NFFE Local No. 777 -- 1983 FLRAdec AR



[ v12 p181 ]
12:0181(45)AR
The decision of the Authority follows:


 12 FLRA No. 45
 
 U.S. ARMY ENGINEER DISTRICT
 LOS ANGELES
 (Activity)
 
 and
 
 NATIONAL FEDERATION OF FEDERAL
 EMPLOYEES, LOCAL No. 777
 (Union)
 
                                            Case No. O-AR-412
 
                                 DECISION
 
    This matter is before the Authority on an exception to the award of
 Arbitrator William S. Rule filed by the Union under section 7122(a) of
 the Federal Service Labor-Management Relations Statute and part 2425 of
 the Authority's Rules and Regulations.
 
    The Arbitrator determined that the grievance was not processed in a
 timely manner by the Union in accordance with the time limitations
 specified in the parties' collective bargaining agreement and that there
 had been no valid waiver of the time limits.  Accordingly, as his award,
 the Arbitrator held that the grievance was not arbitrable.
 
    In its exception, the Union contends that the Arbitrator's findings
 and conclusion were contrary to the facts and evidence presented by the
 Union.  Upon careful consideration of the entire record before the
 Authority, including the parties' contentions, the Authority concludes
 that the Union's exception constitutes nothing more than disagreement
 with the Arbitrator's findings and conclusion regarding compliance with
 the procedural requirements of the parties' collective bargaining
 agreement and provides no basis for finding the award deficient.  E.g.,
 Pearl Harbor Naval Shipyard and Hawaii Federal Employees Metal Trades
 Council, 10 FLRA No. 8 (1982).
 
    Accordingly, the Union's exception is denied.  Issued, Washington,
 D.C., June 13, 1983
                                       Barbara J. Mahone, Chairman
                                       Ronald W. Haughton, Member
                                       Henry B. Frazier III, Member
                                       FEDERAL LABOR RELATIONS AUTHORITY