12:0598(109)AR - AFGE Local 1178 and Army Quartermaster Center and Fort Lee, Fort Lee, Virginia -- 1983 FLRAdec AR
[ v12 p598 ]
12:0598(109)AR
The decision of the Authority follows:
12 FLRA No. 109
AMERICAN FEDERATION OF
GOVERNMENT EMPLOYEES,
LOCAL 1178, AFL-CIO
(Union)
and
U.S. ARMY QUARTERMASTER
CENTER AND FORT LEE,
FORT LEE, VIRGINIA
(Activity)
Case No. O-AR-474
DECISION
This matter is before the Authority on exceptions to the award of
Arbitrator Eckehard Muessig 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 dispute before the Arbitrator involved the Union's grievance
concerning the attendance of a labor relations officer at a first step
grievance meeting held pursuant to the applicable provision of the
negotiated grievance procedure of the parties' agreement. The
Arbitrator found that in the absence of language to the contrary
personnel office officials such as the labor relations officer could be
present as advisers at grievance meetings under the parties' agreement.
In its exceptions, the Union contends that the award does not draw
its essence from the parties' agreement; (2) is not based on all the
facts and (3) is biased and partial toward management.
Upon careful consideration of the entire record before the Authority,
including the parties' contentions, we conclude that the Union has
failed to establish that the award is deficient. It is clear that the
Union is merely attempting to relitigate the merits of the case before
the Authority and that the thrust of the exceptions constitutes
disagreement with the Arbitrator's reasoning and conclusions based on
the evidence before him. Such disagreement does not provide a basis for
finding the award deficient. E.g., Rock Island Arsenal, Rock Island,
Illinois and National Association of Government Employees, Local R7-72,
7 FLRA No. 124 (1982); U.S. Army Reserve Components Personnel and
Administration Center and American Federation of Government Employees,
AFL-CIO, Local 900, 10 FLRA No. 88 (1982).
Accordingly, the Union's exceptions are denied.
Issued, Washington, D.C., August 16, 1983
Barbara J. Mahone, Chairman
Ronald W. Haughton, Member
Henry B. Frazier III, Member
FEDERAL LABOR RELATIONS AUTHORITY