12:0509(95)AR - Air Force, Williams AFB, AZ and AFGE Local 1776 -- 1983 FLRAdec AR
[ v12 p509 ]
12:0509(95)AR
The decision of the Authority follows:
12 FLRA No. 95
DEPARTMENT OF THE AIR FORCE,
WILLIAMS AIR FORCE BASE,
ARIZONA
Activity
and
AMERICAN FEDERATION OF GOVERNMENT
EMPLOYEES, LOCAL 1776
Union
Case No. O-AR-217
DECISION
This matter is before the Authority on exceptions to the award of
Arbitrator Raymond F. Hayes 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 filed an
opposition.
A grievance was filed and submitted to arbitration essentially
contesting the adequacy of the official position description for
engineering planning technicians (GS-802-7) at the Activity. As part of
the grievance, the Union proposed a substitute position description and
demanded its implementation.
After an extensive and detailed review of the evidence and testimony
and analysis of applicable law and regulation, the Arbitrator determined
that the official position description fulfilled the standard of
adequacy required by governing law and regulation. Accordingly, the
Arbitrator ruled that the position description proposed by the Union was
not required to be implemented.
In its exceptions the Union contends that the award is contrary to
law, regulation, and the collective bargaining agreement. Specifically,
the Union principally argues that the deficiency of the award is its
"casual application" of the facts to determine that the official
position description adequately describes the qualifications required
for the job and the type of skills needed to perform it. The Union
maintains that this determination is contrary to the regulatory
requirements which call for an accurate description of duties and
qualifications. The Union further maintains that because the award is
contrary to regulation, the award is consequently contrary to the
agreement.
The Authority concludes the Union has not established that the award
is contrary to law, regulation, or the agreement. As noted, the
Arbitrator carefully considered the regulatory requirements for position
descriptions and expressly ruled in terms of this case that the official
position description was adequate. In contending that the official
position description was not adequate, the Union has not substantiated
that the governing regulatory provisions prescribed descriptions of
duties, qualifications, and skills that unequivocally were not fulfilled
by the official position description. Thus, the exceptions merely
constitute disagreement with the Arbitrator's findings of fact and
reasoning and conclusions in determining that the official position
description was adequate and constitute an attempt to relitigate that
matter before the Authority. Consequently, the exceptions provide no
basis for finding the award deficient and the exceptions are denied.
/1/ See, e.g., Southeastern Program Service Center, Social Security
Administration and American Federation of Government Employees, AFL-CIO,
Local 2206, 7 FLRA No. 61 (1981). Issued, Washington, D.C., August 10,
1983
Barbara J. Mahone, Chairman
Ronald W. Haughton, Member
Henry B. Frazier III, Member
FEDERAL LABOR RELATIONS AUTHORITY
--------------- FOOTNOTES$ ---------------
/1/ The Union also contends that the award sanctions misconduct by
the Activity's civilian personnel office in overriding determinations by
supervisors that the official position description was not adequate.
However, this contention fails to establish that the Arbitrator's award,
finding under governing law and regulation that the official position
description was adequate, is deficient under the Statute.