15:0194(33)AR - HHS, SSA and NFFE, Council of Consolidated SSA Locals -- 1984 FLRAdec AR
[ v15 p194 ]
15:0194(33)AR
The decision of the Authority follows:
15 FLRA No. 33
U.S. DEPARTMENT OF HEALTH AND HUMAN
SERVICES, SOCIAL SECURITY ADMINISTRATION
Agency
and
NATIONAL FEDERATION OF FEDERAL
EMPLOYEES, COUNCIL OF CONSOLIDATED
SOCIAL SECURITY ADMINISTRATION LOCALS
Union
Case No. O-AR-777
ORDER DISMISSING EXCEPTIONS
This case is before the Authority on exceptions to the award of
Arbitrator John S. Herrick filed by Agency pursuant to section 7122(a)
of the Federal Service Labor-Management Relations Statute and section
2425.1 of the Authority's Rules and Regulations. For the reasons stated
below, it has been determined that the Agency's exceptions must be
dismissed as untimely filed.
The Arbitrator's award in this case is dated April 9, 1984, and
appears to have been served on the parties by mail on the same day.
Under section 7122(b) of the Statute, as amended, /1/ and section
2425.1(b) of the Authority's Rules and Regulations, as amended, /2/
which amendments are applicable to exceptions pending or filed with the
Authority on or after March 2, 1984, and under sections 2429.21 and
2429.22 of the Rules and Regulations, which are also applicable to
computation of the time limit here involved, any exceptions to the
Arbitrator's award in this case had to be filed with the Authority no
later than the close of business on May 14, 1984. However, the Agency's
exceptions were not filed until May 17, 1984.
Accordingly, as the Agency's exceptions were untimely filed, they are
hereby dismissed.
For the Authority.
Issued, Washington, D.C., June 29, 1984
Harold D. Kessler, Director, Case
Management
(ORDER GRANTING MOTION FOR
RECONSIDERATION OF 7 FLRA
No. 13)
AMERICAN FEDERATION OF GOVERNMENT
EMPLOYEES, AFL-CIO, LOCAL 2782
Union
and
DEPARTMENT OF COMMERCE,
BUREAU OF THE CENSUS,
WASHINGTON, D.C.
Agency
Case No. O-NG-352
7 FLRA No. 13
ORDER GRANTING MOTION FOR RECONSIDERATION
This case is back before the Authority pursuant to the Union's motion
for reconsideration of the Authority's May 11, 1984, Decision and Order
on Remand in American Federation of Government Employees, AFL-CIO, Local
2782 and Department of Commerce, Bureau of the Census, Washington, D.C.,
7 FLRA No. 13 (1983), petition for review granted, 702 F.2d 1183 (D.C.
Cir. 1983).
The Authority has determined, pursuant to section 2429.17 of its
Rules and Regulations, that the motion should be, and it hereby is,
granted so that the Authority may consider the Union's "Supplementary
Statement of Position" which was submitted pursuant to section 2429.26
of the Rules and Regulations. Further, pursuant to section 2429.26, the
Bureau of the Census is granted 15 days from the date of this Order to
file a response to the Union's supplementary statement of position,
attached to its motion for reconsideration, stating in full any response
which it wishes the Authority to consider.
Finally, pursuant to section 2429.17 of the Rules and Regulations,
the Authority's Decision and Order on Remand is hereby stayed pending
completion of the proceeding on remand.
Issued, Washington, D.C., June 22, 1984
Barbara J. Mahone, Chairman
Ronald W. Haughton, Member
Henry B. Frazier III, Member
FEDERAL LABOR RELATIONS AUTHORITY
U.S. DEPARTMENT OF JUSTICE,
FEDERAL PRISON SYSTEM, FEDERAL
CORRECTIONAL INSTITUTION,
ASHLAND, KENTUCKY
Activity
and
AMERICAN FEDERATION OF GOVERNMENT
EMPLOYEES, COUNCIL OF PRISON LOCALS,
LOCAL 1286
Union
Case No. O-AR-614
DECISION
This matter is before the Authority on exceptions to the award of
Arbitrator Frank A. Keenan filed by the Activity under section 7122(a)
of the Federal Service Labor-Management Relations Statute and part 2425
of the Authority's Rules and Regulations.
Upon careful consideration of the entire record before the Authority,
the Authority concludes that the Activity has failed to establish that
the Arbitrator's award is deficient on any of the grounds set forth in
section 7122(a) of the Statute; that is, that the award is contrary to
any law, rule, or regulation, or that the award is deficient on other
grounds similar to those applied by Federal courts in private sector
labor-management relations.
Accordingly, the Activity's exceptions are denied.
Issued, Washington, D.C., June 22, 1984
Barbara J. Mahone, Chairman
Ronald W. Haughton, Member
Henry B. Brazier III, Member
FEDERAL LABOR RELATIONS AUTHORITY
DEPARTMENT OF THE AIR FORCE,
1947th ADMINISTRATIVE SUPPORT GROUP
Activity
and
AMERICAN FEDERATION OF GOVERNMENT
EMPLOYEES - GRAPHIC ARTS INTERNATIONAL
UNION, COUNCIL OF HEADQUARTERS, USAF
LOCALS, AFL-CIO
Union
Case No. O-AR-713
DECISION
This matter is before the Authority on exceptions to the award of
Arbitrator Millard Cass 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.
Upon careful consideration of the entire record before the Authority,
the Authority concludes that the Union has failed to establish that the
Arbitrator's award is deficient on any of the grounds set forth in
section 7122(a) of the Statute; that is, that the award is contrary to
any law, rule, or regulation, or that the award is deficient on other
grounds similar to those applied by Federal courts in private sector
labor-management relations.
Accordingly, the Union's exceptions are denied.
Issued, Washington, D.C., June 22, 1984
Barbara J. Mahone, Chairman
Ronald W. Haughton, Member
Henry B. Frazier III, Member
FEDERAL LABOR RELATIONS AUTHORITY
CHARLESTON NAVAL SHIPYARD
CHARLESTON, SOUTH CAROLINA
Activity
and
FEDERAL EMPLOYEES METAL TRADES COUNCIL OF CHARLESTON,
LOCAL 916
Union
Case No. O-AR-730
DECISION
This matter is before the Authority on exceptions to the award of
Arbitrator Ross Groshong 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.
Upon careful consideration of the entire record before the Authority,
the Authority concludes that the Union has failed to establish that the
Arbitrator's award is deficient on any of the grounds set forth in
section 7122(a) of the Statute; that is, that the award is contrary to
any law, rule, or regulation, or that the award is deficient on other
grounds similar to those applied by Federal courts in private sector
labor-management relations.
Accordingly, the Union's exceptions are denied.
Issued, Washington, D.C., June 22, 1984
Barbara J. Mahone, Chairman
Ronald W. Haughton, Member
Henry B. Frazier III, Member
FEDERAL LABOR RELATIONS AUTHORITY
SOCIAL SECURITY ADMINISTRATION,
DEPARTMENT OF HEALTH AND HUMAN
SERVICES, BOSTON REGION,
BOSTON, MASSACHUSETTS
Agency
and
LOCAL 1164, AMERICAN FEDERATION
OF GOVERNMENT EMPLOYEES
Union
Case No. O-AR-733
DECISION
This matter is before the Authority on exceptions to the award of
Arbitrator Frank S. McDonnell, Jr. filed by the Agency under section
7122(a) of the Federal Service Labor-Management Relations Statute and
part 2425 of the Authority's Rules and Regulations.
Upon careful consideration of the entire record before the Authority,
the Authority concludes that the Agency has failed to establish that the
Arbitrator's award is deficient on any of the grounds set forth in
section 7122(a) of the Statute; that is, that the award is contrary to
any law, rule, or regulation, or that the award is deficient on other
grounds similar to those applied by Federal courts in private sector
labor-management relations.
Accordingly, the Agency's exceptions are denied.
Issued, Washington, D.C., June 22, 1984
Barbara J. Mahone, Chairman
Ronald W. Haughton, Member
Henry B. Frazier III, Member
FEDERAL LABOR RELATIONS AUTHORITY
AMERICAN FEDERATION OF GOVERNMENT
EMPLOYEES, LOCAL 12
Union
and
U.S. DEPARTMENT OF LABOR
Agency
Case No. O-AR-739
DECISION
This matter is before the Authority on exceptions to the award of
Arbitrator Paul J. Fasser, Jr. filed by the Agency under section 7122(a)
of the Federal Service Labor-Management Relations Statute and part 2425
of the Authority's Rules and Regulations.
Upon careful consideration of the entire record before the Authority,
the Authority concludes that the Agency has failed to establish that the
Arbitrator's award is deficient on any of the grounds set forth in
section 7122(a) of the Statute; that is, that the award is contrary to
any law, rule, or regulation, or that the award is deficient on other
grounds similar to those applied by Federal courts in private sector
labor-management relations.
Accordingly, the Agency's exceptions are denied.
Issued, Washington, D.C., June 22, 1984
Barbara J. Mahone, Chairman
Ronald W. Haughton, Member
Henry B. Frazier III, Member
FEDERAL LABOR RELATIONS AUTHORITY
DEPARTMENT OF HEALTH AND HUMAN SERVICES,
SOCIAL SECURITY ADMINISTRATION
Activity
and
AMERICAN FEDERATION OF GOVERNMENT
EMPLOYEES, LOCAL 1923
Union
Case No. O-AR-740
DECISION
This matter is before the Authority on exceptions to the award of
Arbitrator Robert H. Mount 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.
Upon careful consideration of the entire record before the Authority,
the Authority concludes that the Union has failed to establish that the
Arbitrator's award is deficient on any of the grounds set forth in
section 7122(a) of the Statute; that is, that the award is contrary to
any law, rule, or regulation, or that the award is deficient on other
grounds similar to those applied by Federal courts in private sector
labor-management relations.
Accordingly, the Union's 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
DEPARTMENT OF AIR FORCE, HEADQUARTERS
WARNER ROBINS AIR LOGISTICS CENTER (AFLC),
ROBINS AIR FORCE BASE, GEORGIA
Activity
and
AMERICAN FEDERATION OF GOVERNMENT
EMPLOYEES, LOCAL 987
Union
Case No. O-AR-746
DECISION
This matter is before the Authority on exceptions to the award of
Arbitrator Marvin A. Griffin 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.
Upon careful consideration of the entire record before the Authority,
the Authority concludes that the Union has failed to establish that the
Arbitrator's award is deficient on any of the grounds set forth in
section 7122(a) of the Statute; that is, that the award is contrary to
any law, rule, or regulation, or that the award is deficient on other
grounds similar to those applied by Federal courts in private sector
labor-management relations.
Accordingly, the Union's 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
U.S. DEPARTMENT OF HEALTH AND
HUMAN SERVICES, REGION V
Agency
and
AMERICAN FEDERATION OF GOVERNMENT
EMPLOYEES, LOCAL 3400
Union
Case No. O-AR-747
DECISION
This matter is before the Authority on exceptions to the award of
Arbitrator James P. Martin 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.
Upon careful consideration of the entire record before the Authority,
the Authority concludes that the Union has failed to establish that the
Arbitrator's award is deficient on any of the grounds set forth in
section 7122(a) of the Statute; that is, that the award is contrary to
any law, rule, or regulation, or that the award is deficient on other
grounds similar to those applied by Federal courts in private sector
labor-management relations.
Accordingly, the Union's 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
HEADQUARTERS XVIII AIRBORNE
CORPS AND FORT BRAGG
Activity
and
AMERICAN FEDERATION OF GOVERNMENT
EMPLOYEES, LOCAL 1770
Union
Case No. O-AR-750
DECISION
This matter is before the Authority on exceptions to the award of
Arbitrator Herbert V. Rollins 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.
Upon careful consideration of the entire record before the Authority,
the Authority concludes that the Union has failed to establish that the
Arbitrator's award is deficient on any of the grounds set forth in
section 7122(a) of the Statute; that is, that the award is contrary to
any law, rule, or regulation, or that the award is deficient on other
grounds similar to those applied by Federal courts in private sector
labor-management relations.
Accordingly, the Union's 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/ Section 7122(b) of the Statute was amended by the Civil Service
Miscellaneous Amendments Act of 1983 (Pub. L. No. 98-224, Sec. 4, 98
Stat. 47, 48 (1984)) to provide that the 30-day period for filing
exceptions to an arbitrator's award begins on the date the award is
served on the filing party.
/2/ 49 Fed.Reg. 22623 (1984).