27:0389(53)AR - AFGE Local 997, Montgomery, AL and Maxwell AFB, Montgomery, AL -- 1987 FLRAdec AR
[ v27 p389 ]
27:0389(53)AR
The decision of the Authority follows:
27 FLRA No. 53
AMERICAN FEDERATION OF GOVERNMENT
EMPLOYEES, LOCAL 997, AFL-CIO
MONTGOMERY, ALABAMA
Union
and
MAXWELL AIR FORCE BASE
MONTGOMERY, ALABAMA
Agency
Case No. 0-AR-1295
DECISION
I. Statement of the Case
This matter is before the Authority on an exception to the award of
Arbitrator Wanza C. Johnson filed by the Union under section 7122(a) of
the Federal Service Labor-Management Relations Statute (the Statute) and
part 2425 of the Authority's Rules and Regulations.
II. Background and Arbitrator's Award
A Federal prison camp and a laundry are located at Maxwell Air Force
Base. The Agency conducted a reduction in force of laundry service
employees and transferred the work to Federal prison inmates. The Union
filed a grievance contending that the Agency did not have a right to
assign the work to the prison inmates and that the work should be
performed by bargaining unit employees. The Agency stated that it was
conducting the reduction in force for economic reasons and that the unit
employees had the right to transfer into qualified positions whenever
vacancies occur.
The Arbitrator stated the issue as follows: "Did the Air Force Base
displace regular Employees, under the law, and transfer work to another
agency, and if so what is the remedy?" The Arbitrator denied the Union's
grievance. The Arbitrator stated that all efforts should be made for
the possible placement in other available jobs of employees involved in
the reduction in force, and if employees are not qualified, an expedited
training program should be conducted.
III. Discussion
The Union contends that the award is deficient because the Arbitrator
did not address the issue before him. We conclude 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. See, for example, Defense
Logistics Agency, Defense Depot Memphis, Memphis, Tennessee and American
Federation of Government Employees, Local 2501, 13 FLRA 5 (1983) (a
union's contention that an arbitrator did not address the issue in the
case essentially constitutes disagreement with the arbitrator's
reasoning and provides no basis for finding an award deficient).
Accordingly, the Union's exception is denied.
Issued, Washington, D.C. May 29, 1987.
/s/ Jerry L. Calhoun, Chairman
/s/ Henry B. Frazier III, Member
/s/ Jean McKee, Member
FEDERAL LABOR RELATIONS AUTHORITY