12:0181(45)AR - Army Engineer District, Los Angeles and NFFE Local No. 777 -- 1983 FLRAdec AR
[ v12 p181 ]
12:0181(45)AR
The decision of the Authority follows:
12 FLRA No. 45 U.S. ARMY ENGINEER DISTRICT LOS ANGELES (Activity) and NATIONAL FEDERATION OF FEDERAL EMPLOYEES, LOCAL No. 777 (Union) Case No. O-AR-412 DECISION This matter is before the Authority on an exception to the award of Arbitrator William S. Rule filed by the Union under section 7122(a) of the Federal Service Labor-Management Relations Statute and part 2425 of the Authority's Rules and Regulations. The Arbitrator determined that the grievance was not processed in a timely manner by the Union in accordance with the time limitations specified in the parties' collective bargaining agreement and that there had been no valid waiver of the time limits. Accordingly, as his award, the Arbitrator held that the grievance was not arbitrable. In its exception, the Union contends that the Arbitrator's findings and conclusion were contrary to the facts and evidence presented by the Union. Upon careful consideration of the entire record before the Authority, including the parties' contentions, the Authority concludes that the Union's exception constitutes nothing more than disagreement with the Arbitrator's findings and conclusion regarding compliance with the procedural requirements of the parties' collective bargaining agreement and provides no basis for finding the award deficient. E.g., Pearl Harbor Naval Shipyard and Hawaii Federal Employees Metal Trades Council, 10 FLRA No. 8 (1982). Accordingly, the Union's exception is denied. Issued, Washington, D.C., June 13, 1983 Barbara J. Mahone, Chairman Ronald W. Haughton, Member Henry B. Frazier III, Member FEDERAL LABOR RELATIONS AUTHORITY