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22:0060(6)AR - AFGE Local 1546 and Sharpe Army Depot -- 1986 FLRAdec AR



[ v22 p60 ]
22:0060(6)AR
The decision of the Authority follows:


 22 FLRA No. 6
 
 AMERICAN FEDERATION OF GOVERNMENT 
 EMPLOYEES, LOCAL 1546
 Union
 
 and
 
 SHARPE ARMY DEPOT
 Activity
 
                                            Case No. 0-AR-1110
 
                                 DECISION
 
    I.  STATEMENT OF THE CASE
 
    This matter is before the Authority on an exception to the award of
 Arbitrator Jean Wilcox filed by the Union pursuant to section 7122(a) of
 the Federal Service Labor-Management Relations Statute and part 2425 of
 the Authority's Rules and Regulations.
 
    II.  BACKGROUND AND ARBITRATOR'S AWARD
 
    A grievance over the removal of the grievant was submitted to
 arbitration at which a preliminary issue as presented of whether the
 grievance initiated by the Union directly with Commander of the Activity
 complied with the requirements of the parties' negotiated grievance
 procedure.  The Arbitrator determined that the grievance in this case
 was not the type of grievance properly filed directly with the Commander
 and that consequently the Union had failed to comply with the
 requirements of the parties' negotiated grievance procedure in filing
 the grievance.  Accordingly, the Arbitrator ruled that the grievance was
 not arbitratable and that the merits of the grievance would not be
 considered.
 
    III.  EXCEPTION
 
    The Union contends that the award is deficient because it is
 incomplete, ambiguous, and contradictory so as to make implementation
 impossible.
 
    IV.  ANALYSIS AND CONCLUSIONS
 
    With respect to the Union's contention, e Authority has advised that
 to find an award deficient on this basis, there must be a showing that
 the award is ambiguous or contradictory, or that implementation is
 impossible, because of the award being unclear in its meaning and effect
 or because of the award being too uncertain in its effect to be
 sustained.  Veterans Administration Hospital, Newington, Connecticut and
 National Association of Government Employees,Local R1-109, 5 FLRA 64
 (1981).  In this case the Union fails to establish that the Arbitrator's
 finding the grievance nonarbitrable and refusing to consider the merits
 is in any manner unclear in its meaning and effect or too uncertain in
 its effect to be sustained.  Instead, this exception constitutes nothing
 more than disagreement with the Arbitrator's determination that there
 had not been compliance with the procedural requirements of the
 negotiated grievance procedure of the parties' collective bargaining
 agreement.  In this respect, the Authority has consistently and
 repeatedly held that such questions are for resolution by the arbitrator
 and are not subject to review or challenge before the Authority.
 Headquarters, Fort Sam Houston, Department of the Army and Local 2154,
 American Federation of Government Employees, AFL-CIO, 15 FLRA 974
 (1984).  Consequently, the Union's exception pfovides no basis for
 finding the award deficient.
 
    V.  DECISION
 
    For these reasons the Union's exception is denied.  /*/
 
    Issued, Washington, D.C., June 4, 1986.
                                       /s/ Jerry L. Calhoun, Chairman
                                       /s/ Henry B. Frazier III, Member
                                       FEDERAL LABOR RELATIONS AUTHORITY
 
 
                ---------------  FOOTNOTES$ ---------------
 
 
 
    /*/ Although the issue has not been raised by the parties, the
 Authority confirms its jurisdiction to resolve the Union's exception.
 Because the Arbitrator's award pertained solely to the question of
 whether the grievance in this case was filed in accordance with the
 terms of the parties' agreement, it is not apparent that the award
 relates to a removal action within the meaning of section 7121(f) and
 section 7122(a) of the Statute.  Naval Ordnance Station, Louisville,
 Kentucky and Lodge No. 830, International Association of Machinists and
 Aerospace Workers, 11 FLRA 19, 20 n.3 (1983).