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The decision of the Authority follows:
29 FLRA NO. 85 U.S. IMMIGRATION AND NATURALIZATION SERVICE Agency and NATIONAL BORDER PATROL COUNCIL, AFGE 1929 Union Case No. O-AR-1417
I. Statement of the Case
This matter is before the Authority on exceptions to the award of Arbitrator Wallace B. Nelson 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. The Agency filed an opposition to the exceptions. For the reasons stated below, the Union's exceptions are denied.
II. Background and Arbitrator's Award
A grievance was filed and submitted to arbitration concerning management's denial of official time to a Union representative. The Arbitrator framed the issue as whether management violated the parties' collective bargaining agreement by refusing to grant the chief steward's request for official time to represent a unit employee in a proposed removal action.
The Arbitrator determined, based on his interpretation of the parties' contract, that the dispute in this case was subject to an Agency regulation concerning discipline and adverse actions. The Arbitrator further determined that under this regulation the chief steward should have been authorized 8 hours of official time to represent the employee in the removal action. The Arbitrator therefore concluded that the Agency violated the parties' agreement by refusing to grant the chief steward's request for official time. As his award, he ordered that the Agency add 8 hours of official time to the appropriate Union office "block time" allotment to replace the "block time" used by the chief steward to represent the unit employee in the proposed removal action.
The Union contends that the award (1) does not draw its essence from the parties' collective bargaining agreement, in particular the provision concerning the use of official time, (2) is based on a nonfact, and (3) is contrary to law. The Union therefore asserts that the Arbitrator's award is deficient and should be modified to allow the Union 12 hours of official time rather than the 8 awarded by the Arbitrator. The Agency disagrees with the Union's exceptions and contends that they constitute mere disagreement with the Arbitrator's Opinion and Award.
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 cases. The Union's arguments constitute nothing more than disagreement with the Arbitrator's findings of fact and his specific reasoning and conclusions based on the evidence, and generally with his interpretation and application of the parties' agreement. We consistently have held that such disagreement provides no basis for finding an award deficient. See, for example, Defense Logistics Agency and the DLA Council of American Federation of Government Employees (AFGE) AFL - CIO Locals, Local 3953, 29 FLRA No. 45 (1987); Federal Correctional Institution, Petersburg, Virginia and American Federation of Government Employees, Local 2025, Petersburg, Virginia, 13 FLRA 108 (1983).
Accordingly, the Union's exceptions are denied.
Issued, Washington, D.C., October 27, 1987.
Jerry L. Calhoun, Chairman
Henry B Frazier III. Member
Jean McKee, Member
FEDERAL LABOR RELATIONS AUTHORITY