Department of Defense Dependents Schools, Europe, London Central High School, High Wycombe, England



[ v01 p143 ]
01:0143(15)CA
The decision of the Authority follows:


 1 FLRA No. 15
                                             APRIL 9, 1979
 
 MR. EDWARD H. PASSMAN
 PASSMAN AND PRICE
 SUITE 210
 1730 RHODE ISLAND AVENUE, N.W.
 WASHINGTON,D.C.  20036
 
                       RE:  DEPARTMENT OF DEFENSE DEPENDENTS 
                            SCHOOLS, EUROPE, LONDON CENTRAL HIGH 
                            SCHOOL, HIGH WYCOMBE, ENGLAND,
                            Assistant Secretary Case No. 
                            22-08769(CA), FLRC No. 78A-148
 
 DEAR MR. PASSMAN:
 
    THE AUTHORITY HAS CAREFULLY CONSIDERED YOUR PETITION FOR REVIEW OF
 THE ASSISTANT SECRETARY'S DECISION IN THE ABOVE-ENTITLED CASE.
 
    THIS CASE, INSOFAR AS RELEVANT HEREIN, AROSE OUT OF AN INCIDENT
 INVOLVING THE QUESTIONING AND SUSPENSION OF THE PRESIDENT OF LOCAL 1834
 OF THE OVERSEAS FEDERATION OF TEACHERS, OFT, AFL-CIO (OFT) BY THE
 DEPARTMENT OF DEFENSE DEPENDENTS SCHOOLS, EUROPE, LONDON CENTRAL HIGH
 SCHOOL, HIGH WYCOMBE, ENGLAND (THE ACTIVITY).  THE LOCAL OFT PRESIDENT,
 A MEMBER OF THE UNIT EXCLUSIVELY REPRESENTED NOT BY OFT BUT BY THE
 OVERSEAS EDUCATION ASSOCIATION (OEA), FILED A GRIEVANCE AS TO WHICH
 ARBITRATION WAS ULTIMATELY INVOKED UNDER THE GRIEVANCE PROCEDURE
 NEGOTIATED BETWEEN THE ACTIVITY AND OEA.  THE LOCAL OFT PRESIDENT ALSO
 FILED AN UNFAIR LABOR PRACTICE COMPLAINT WHICH WAS DISMISSED PURSUANT TO
 SECTION 19(D) OF THE ORDER ON THE BASIS THAT THE ISSUE OF HIS SUSPENSION
 HAD PREVIOUSLY BEEN RAISED UNDER THE NEGOTIATED GRIEVANCE PROCEDURE.
 /1/ OFT THEREAFTER FILED AN UNFAIR LABOR PRACTICE COMPLAINT ALLEGING
 THAT THE ACTIVITY'S QUESTIONING AND SUSPENSION OF THE LOCAL OFT
 PRESIDENT VIOLATED SECTION 19(A)(1), (2) AND (3) OF THE ORDER.
 
    THE REGIONAL ADMINISTRATOR (RA) FOUND THAT, PRIOR TO THE FILING OF
 OFT'S COMPLAINT, THE LOCAL OFT PRESIDENT HAD INVOKED THE NEGOTIATED
 GRIEVANCE PROCEDURE APPLICABLE TO EMPLOYEES IN THE UNIT AND HAD RAISED
 UNDER THAT PROCEDURE THE ISSUE OF HIS QUESTIONING AND SUSPENSION.  AS A
 RESULT, THE RA DETERMINED THAT, INSOFAR AS OFT'S COMPLAINT ALLEGED THAT
 THE QUESTIONING AND SUSPENSION VIOLATED SECTION 19(A)(1) AND (2) OF THE
 ORDER, IT "MUST BE DISMISSED AS BEING PRECLUDED FROM CONSIDERATION UNDER
 THE UNFAIR LABOR PRACTICE PROCEDURE BY (S)ECTION 19(D) OF THE ORDER
 BECAUSE THE SAME ISSUE HAS PREVIOUSLY BEEN RAISED UNDER THE NEGOTIATED
 GRIEVANCE PROCEDURE . . ." ACCORDINGLY, THE RA DISMISSED THAT PORTION OF
 THE COMPLAINT.  /2/
 
    THE ASSISTANT SECRETARY FOUND, IN AGREEMENT WITH THE RA AND BASED ON
 HIS REASONING, THAT, "INASMUCH AS THE PRECISE ALLEGATIONS RAISED IN THE
 COMPLAINT WERE PREVIOUSLY RAISED UNDER A NEGOTIATED GRIEVANCE
 PROCEDURE