13:0046(8)AR - Holston Army Ammunition Plant, Kingsport, TN and AFGE Local 2659 -- 1983 FLRAdec AR
[ v13 p46 ]
13:0046(8)AR
The decision of the Authority follows:
13 FLRA No. 8
HOLSTON ARMY AMMUNITION PLANT
KINGSPORT, TENNESSEE
(Activity)
and
AMERICAN FEDERATION OF GOVERNMENT
EMPLOYEES, LOCAL 2659
(Union)
Case No. O-AR-336
DECISION
This matter is before the Authority on exceptions to the award of
Arbitrator E. H. Rayson 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 concerns the selection of a particular employee for the
position of Traffic Manager. A grievance filed on behalf of a number of
other employees contending that the selection should be set aside was
ultimately submitted to arbitration. The Arbitrator denied the
grievance after considering and rejecting the Union's contentions that
(1) the selectee was preselected; (2) the selectee was not qualified;
and (3) the asserted preselection of the unqualified employee violated
the parties' agreement and agency regulations.
In its exceptions, the Union essentially reiterates the contentions
made before the Arbitrator. Upon careful consideration of the entire
record before the Authority, including the Union's contentions, the
Authority concludes that the Union's exceptions do not provide any basis
for finding the award deficient. It is clear that the Union is merely
attempting to relitigate the merits of the case before the Authority
since the thrust of the Union's exceptions constitutes disagreement with
the Arbitrator's reasoning and conclusions based on the evidence and
testimony presented him. Such disagreement does not provide a basis for
finding the award deficient. E.g., American Federation of Government
Employees, Local 2327 and Department of Health, Education, and Welfare,
Social Security Administration, 5 FLRA No. 23 (1981); Supervisor of
Shipbuilding, Conversion and Repair, United States Navy and Local R4-2,
National Association of Government Employees (NAGE), 5 FLRA No. 29
(1981).
Accordingly, the Union's exceptions are denied. Issued, Washington,
D.C., September 19, 1983
Barbara J. Mahone, Chairman
Ronald W. Haughton, Member
Henry B. Frazier III, Member
FEDERAL LABOR RELATIONS AUTHORITY