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29:1329(109)AR - Army Plant Representative Office, Bell Helicopter Textron, Fort Worth, TX and AFGE Local 2475 -- 1987 FLRAdec AR

[ v29 p1329 ]
The decision of the Authority follows:

 29 FLRA NO. 109
 29 FLRA 1329

  30 OCT 1987






Case No. 0-AR-1420


I. Statement of the Case

     This matter is before the Authority on exceptions to the
award of Arbitrator A. Dale Allen, Jr., 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. We deny the exceptions.

II. Background and Arbitrator's Award

     Two grievances were filed and submitted together to
arbitration on the issues of whether the Activity properly
assigned duties involving evaluating contractor estimates and
inspecting first aid kits and fire extinguishers to quality
assurance specialists. The Arbitrator denied the grievances. He
found that the Statute, the language of the parties' collective
bargaining agreement, the job description of the specialist
position and the past practice of the parties all permitted the
assignment of the disputed duties.

III. Discussion

     In its exceptions the Union contends that the award is
deficient because the Arbitrator failed to address in his award
the claimed violation of Article III, Section 3 of the collective
bargaining agreement. The Union also contends that the Arbitrator
failed to issue his decision within 30  days as required by the
collective bargaining agreement. 

     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: specifically, 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 relations cases. See, for example,
U.S. Bureau of Prisons and American Federation of Government
Employees, Local 3696, 10 FLRA  51 (1982) (An arbitrator does not
need to discuss specific agreement provisions involved and the
fact that the opinion accompanying the award does not mention
such provisions does not establish that the arbitrator did not
rule on them. Consequently, an exception contending that an award
is deficient because the arbitrator failed to address a specific
agreement provision provides no basis for finding an award
deficient.); Corps of Engineers, U.S. Army Engineer District, New
Orleans, Louisiana and National Federation of Federal Employees,
Local 1124, 17 FLRA  315 (1985) (an exception claiming after an
award is issued that the award is deficient because it was not
issued within an applicable time period provides no basis for
finding an award deficient).

     Accordingly, the Union's exceptions are denied.

Issued, Washington, D.C., October 30, 1987.

Jerry L. Calhoun,         Chairman

Henry B. Frazier III,     Member

Jean McKee,               Member