Please note that Friday, January 20, 2017, is a federal holiday for the Washington, D.C. metropolitan area.  The following FLRA offices will not be open to accept in-person case filings or to respond to phone calls on that day:  the Authority’s Case Intake and Publication Office, the Office of Administrative Law Judges, the Washington Regional Office, OGC Headquarters (Appeals), and the Federal Service Impasses Panel.  The FLRA’s eFiling System remains available.         

15:0189(30)AR - AFGE Local 2600 and GSA Region 10 -- 1984 FLRAdec AR

[ v15 p189 ]
The decision of the Authority follows:

 15 FLRA No. 30
                                            Case No. O-AR-491
    This matter is before the Authority on exceptions to the award of
 Arbitrator John H. Abernathy 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.  /1/
    The grievance in this matter was filed in May 1981 under the parties'
 collective bargaining agreement, which had been negotiated under
 provisions of Executive Order No. 11491 (the Order), claiming a
 violation of the agreement and a violation of section 7116(a)(5) and (8)
 of the Statute by the Activity in its denial of official time.  The
 grievance was submitted to arbitration and heard by the Arbitrator in
 November 1982 at which time the Arbitrator noted two significant events:
  the execution of a new collective bargaining agreement by the Agency
 and Union in May 1982 and the signing by the Agency and Union of a
 memorandum of understanding in September 1982 respecting the processing
 of grievances filed prior to the new collective bargaining agreement.
 The Arbitrator also noted the argument of the Activity that the
 grievance was not arbitrable to the extent it claimed a violation of the
 Statute.  It was the Activity's position that the grievance procedure of
 the parties' collective bargaining agreement negotiated under the Order
 applied in this case and the scope of that procedure was limited to the
 interpretation and application of that agreement.  As his award the
 Arbitrator determined that the Activity had not violated the agreement.
 He further essentially determined in agreement with the Activity that
 the grievance procedure of the parties' agreement negotiated under the
 Order applied and that the Union's allegation of a violation of the
 Statute was not covered by that procedure and was accordingly not
    In its first exception the Union contends that the award is deficient
 to the extent that the Arbitrator found the grievance not to be
 arbitrable.  The Union argues that the intent of the parties in the
 memorandum of understanding was to bring all pending grievances under
 the broad-scope of the Statute.  This exception, however, merely
 constitutes disagreement with the Arbitrator's interpretation and
 application of the collective agreement of the parties to find otherwise
 and consequently provides no basis for finding the award deficient.  See
 Letterkenny Army Depot and National Federation of Federal Employees,
 Local 1429, 5 FLRA 272 (1981).
    In its second exception the Union contends that the award to the
 extent that the grievance was found not to be arbitrable is contrary to
 section 7121 of the Statute.  In support the Union again argues that the
 grievance procedure of the collective bargaining agreement negotiated
 under the Statute applied and that consequently the award imposes a
 reduction in the scope of that procedure in violation of section 7121.
    The Authority concludes that this exception fails to establish that
 the award is contrary to the Statute.  As has been noted, the Arbitrator
 ruled that the grievance procedure negotiated under the Order and not
 the procedure negotiated under the Statute applied to this matter.  In
 these circumstances the Authority has expressly determined that no
 provision of the Statute would make an otherwise nonarbitrable matter
 subject to arbitration.  Veterans Administration Hospital, Muskogee,
 Oklahoma and American Federation of Government Employees, Local 2250, 12
 FLRA No. 90 (1983).
    Accordingly, the exceptions are denied.
    Issued, Washington, D.C., June 27, 1984
                                       Barbara J. Mahone, Chairman
                                       Ronald W. Haughton, Member
                                       Henry B. Frazier III, Member
                                       FEDERAL LABOR RELATIONS AUTHORITY
 --------------- FOOTNOTES$ ---------------
    /1/ The Activity filed an opposition which was untimely and has not
 been considered.