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).