53:0514(56)AR - - AFGE Local 916 and DLA, Defense Distribution Region West, Defense Distribution Depot, OK - - 1997 FLRAdec AR - - v53 p514

[ v53 p514 ]
The decision of the Authority follows:

53 FLRA No. 56















September 30, 1997


Before the Authority: Phyllis N. Segal, Chair; and Donald S. Wasserman, Member.

Decision by Member Wasserman for the Authority.

I. Statement of the Case

This matter is before the Authority on an exception to an award of Arbitrator John C. Shearer filed by AFGE Local 916 under section 7122(a) of the Federal Service Labor-Management Relations Statute (the Statute) and part 2425 of the Authority's Regulations. The Agency filed an opposition to the Union's exception.

The Arbitrator ruled that the grievance was not arbitrable. We conclude that the exception to the award is moot. Accordingly, we dismiss the exception.

II. Background and Arbitrator's Award

On June 6, 1995, the chief steward of AFGE Local 916 filed a grievance disputing management's application of the official time provisions of the supplemental agreement to the parties' master labor agreement. In an award dated July 19, 1996, the Arbitrator found that the grievance was not arbitrable and dismissed it.

III. Positions of the Parties

AFGE Local 916 contends that the award fails to draw its essence from the parties' collective bargaining agreement. The Agency contends that the exception should be denied because the Arbitrator properly found that the award was not arbitrable.

Alternatively, the Agency contends that the exception should be dismissed as moot. The Agency asserts that the grievance had been resolved prior to its submission to arbitration. In support, the Agency has submitted a July 25, 1995, memorandum of agreement ("official time MOA") between designated representatives of Defense Distribution Region West and the DLA Council of AFGE Locals, the bargaining agent for the exclusive representative of the nationwide unit of Defense Logistics Agency employees. In the official time MOA, the parties agreed to the proper application of the official time article of the parties' supplemental agreement. They additionally agreed that this application resolved the grievance over official time that had been filed by the chief steward of AFGE Local 916. Notwithstanding the official time MOA, AFGE Local 916 invoked arbitration, which resulted in the award in this case. The Agency also notes that it made the same assertion to the Arbitrator, but that he chose to dismiss the grievance on other grounds.

IV. Authority's Order to Show Cause

In view of the official time MOA, the Authority issued an order directing AFGE Local 916 to show cause why its exception should not be dismissed as moot.

In response, AFGE Local 916 argues only that this case is not moot because the arbitrator in U.S. Department of Defense, Defense Logistics Agency, Defense Distribution Region West, Tinker Air Force Base, Oklahoma and American Federation of Government Employees, Local 916, 53 FLRA No. 52 (1997) (DDRW), found that the official time MOA was invalid and unenforceable.

V. Analysis and Conclusions

The official time MOA specifically resolved the grievance in this case. In arguing that it did not, AFGE Local 916 relies solely on the arbitrator's award that was at issue in DDRW. It is not clear from the record whether the validity of the official time MOA was determined in the DDRW award. However, even if it was, we have found the DDRW award deficient and set it aside. 53 FLRA No. 52. Therefore, that award cannot be relied on to defeat the Agency's assertion that AFGE Local 916's exception is moot. Accordingly, in the absence of any basis provided by AFGE Local 916 to find that the official time MOA does not render this case moot, we dismiss the exception.

VI. Order

AFGE Local 916's exception is dismissed.

(If blank, the decision does not have footnotes.)