14:0061(13)AR - Patent and Trademark Office and Patent Office Professional Association -- 1984 FLRAdec AR
[ v14 p61 ]
14:0061(13)AR
The decision of the Authority follows:
14 FLRA No. 13
PATENT AND TRADEMARK OFFICE
Activity
and
PATENT OFFICE PROFESSIONAL ASSOCIATION
Union
Case No. O-AR-707
ORDER DISMISSING EXCEPTIONS
This case is before the Authority on exceptions to the award of
Arbitrator Jerome H. Ross filed by the Activity pursuant to section
7122(a) of the Federal Service Labor-Management Relations Statute and
section 2425.1 of the Authority's Rules and Regulations. For the
reasons stated below, it has been determined that the Activity's
exceptions must be dismissed as untimely filed.
Under section 7122(b) of the Statute and section 2425.1 of the
Authority's Rules and Regulations, the time limit for filing an
exception to an arbitration award is 30 days beginning on and including
the date of the award. Additionally, under section 2429.21 of the Rules
and Regulations, any such exception must be received by the Authority
before the close of business on the last day of the prescribed time
limit.
The Arbitrator's award in this case, as included in the Activity's
submission, is dated November 30, 1983. Therefore, under the Statute
and the Authority's Rules and Regulations, the Activity's exceptions had
to be filed, i.e., received in the national office of the Authority, no
later than the close of business on December 29, 1983. /1/ However, the
exceptions were not filed until January 20, 1984. In that regard, and
as provided in section 2429.23(d) of the Rules and Regulations, the time
limit for filing exceptions to an arbitration award may not be extended
or waived by the authority.
Accordingly, as the Activity's exceptions were untimely filed, they
are hereby dismissed.
For the Authority.
Issued, Washington, D.C., February 27, 1984
Harold D. Kessler, Director, Case
Management
U.S. DEPARTMENT OF LABOR
(Agency)
and
NATIONAL COUNCIL OF FIELD LABOR
LOCALS, AMERICAN FEDERATION OF
GOVERNMENT EMPLOYEES, LOCAL 644,
AFL-CIO
(Union)
Case No. O-AR-361
DECISION
This matter is before the Authority on exceptions to the award of
Arbitrator Herbert Rossman 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.
Upon careful consideration of the entire record before the Authority,
the Authority concludes 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.
Accordingly, the Union's exceptions are denied.
Issued, Washington, D.C., February 7, 1984
Barbara J. Mahone, Chairman
Ronald W. Haughton, Member
Henry B. Frazier III, Member
FEDERAL LABOR RELATIONS AUTHORITY
UNITED STATES CUSTOMS SERVICE,
LOS ANGELES REGION
Activity
and
NATIONAL TREASURY EMPLOYEES UNION
Union
Case No. O-AR-388
DECISION
This matter is before the Authority on an exception to the award of
Arbitrator George W. Hardbeck filed by the Activity under section
7122(a) of the Federal Service Labor-Management Relations Statute and
part 2425 of the Authority's Rules and Regulations.
Upon careful consideration of the entire record before the Authority,
the Authority concludes that the Activity 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.
Accordingly, the Activity's exception is denied.
Issued, Washington, D.C., February 7, 1984
Barbara J. Mahone, Chairman
Ronald W. Haughton, Member
Henry B. Frazier III, Member
FEDERAL LABOR RELATIONS AUTHORITY
SOCIAL SECURITY ADMINISTRATION,
HEADQUARTERS, BUREAUS, AND OFFICES
(Agency)
and
AMERICAN FEDERATION OF GOVERNMENT
EMPLOYEES, LOCAL 1923, AFL-CIO
(Union)
Case No. O-AR-434
DECISION
This matter is before the Authority on exceptions to the award of
Arbitrator Herbert N. Bernhardt filed by the Agency under section
7122(a) of the Federal Service Labor-Management Relations Statute and
part 2425 of the Authority's Rules and Regulations.
Upon careful consideration of the entire record before the Authority,
the Authority concludes that the Agency 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.
Accordingly, the Agency's exceptions are denied.
Issued, Washington, D.C., February 7, 1984
Barbara J. Mahone, Chairman
Ronald W. Haughton, Member
Henry B. Frazier III, Member
FEDERAL LABOR RELATIONS AUTHORITY
NATIONAL TREASURY EMPLOYEES
UNION, CHAPTER 99
(Union)
and
INTERNAL REVENUE SERVICE
BROOKHAVEN SERVICE CENTER
(Activity)
Case No. O-AR-471
DECISION
This matter is before the Authority on exceptions to the award of
Arbitrator David R. Bloodsworth filed by the Union and by the Agency
under section 7122(a) of the Federal Service Labor-Management Relations
Statute and part 2425 of the Authority's Rules and Regulations.
Upon careful consideration of the entire record before the Authority,
the Authority concludes that the Union and the Agency have 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 if
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.
Accordingly, the Union's and the Agency's exceptions are denied.
Issued, Washington, D.C., February 7, 1984
Barbara J. Mahone, Chairman
Ronald W. Haughton, Member
Henry B. Frazier III, Member
FEDERAL LABOR RELATIONS AUTHORITY
GENERAL SERVICES ADMINISTRATION,
ADMINISTRATIVE SERVICES DIVISION
Activity
and
AMERICAN FEDERATION OF GOVERNMENT
EMPLOYEES, COUNCIL 236, REGION 6
Union
Case No. O-AR-500
DECISION
This matter is before the Authority on exceptions to the award of
Arbitrator Gerald Cohen filed by the Activity under section 7122(a) of
the Federal Service Labor-Management Relations Statute and part 2425 of
the Authority's Rules and Regulations.
Upon careful consideration of the entire record before the Authority,
the Authority concludes that the Activity 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.
Accordingly, the Activity's exceptions are denied.
Issued, Washington, D.C., February 7, 1984
Barbara J. Mahone, Chairman
Ronald W. Haughton, Member
Henry B. Frazier III, Member
FEDERAL LABOR RELATIONS AUTHORITY
AMERICAN FEDERATION OF GOVERNMENT
EMPLOYEES, AFL-CIO, LOCAL 1501
Union
and
SOCIAL SECURITY ADMINISTRATION,
DEPARTMENT OF HEALTH AND HUMAN
SERVICES
Agency
Case No. O-AR-509
DECISION
This matter is before the Authority on exceptions to the award of
Arbitrator Eaton A. Conant 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.
Upon careful consideration of the entire record before the Authority,
the Authority concludes 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.
Accordingly, the Union's exceptions are denied.
Issued, Washington, D.C., February 7, 1984
Barbara J. Mahone, Chairman
Ronald W. Haughton, Member
Henry B. Frazier III, Member
FEDERAL LABOR RELATIONS AUTHORITY
AMERICAN FEDERATION OF GOVERNMENT
EMPLOYEES, COUNCIL 236
Union
and
GENERAL SERVICES ADMINISTRATION,
REGION 10
Activity
Case No. O-AR-514
DECISION
This matter is before the Authority on exceptions to the award of
Arbitrator Gary L. Axon 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.
Upon careful consideration of the entire record before the Authority,
the Authority concludes 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.
Accordingly, the Union's exceptions are denied.
Issued, Washington, D.C., February 7, 1984
Barbara J. Mahone, Chairman
Ronald W. Haughton, Member
Henry B. Frazier III, Member
FEDERAL LABOR RELATIONS AUTHORITY
UNION OF PUBLIC WORKS CENTER,
SAN FRANCISCO BAY EMPLOYEES
Union
and
NAVY PUBLIC WORKS CENTER,
SAN FRANCISCO BAY
Activity
Case No. O-AR-527
DECISION
This matter is before the Authority on exceptions to the award of
Arbitrator John Kagel 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.
Upon careful consideration of the entire record before the Authority,
the Authority concludes 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.
Accordingly, the Union's exceptions are denied.
Issued, Washington, D.C., February 7, 1984
Barbara J. Mahone, Chairman
Ronald W. Haughton, Member
Henry B. Frazier III, Member
FEDERAL LABOR RELATIONS AUTHORITY
AMERICAN FEDERATION OF GOVERNMENT
EMPLOYEES, LOCAL 3234
Union
and
SOCIAL SECURITY ADMINISTRATION,
SIOUX CITY, IOWA
Activity
Case No. O-AR-548
DECISION
This matter is before the Authority on exceptions to the award of
Arbitrator Stanley M. Block 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.
Upon careful consideration of the entire record before the Authority,
the Authority concludes 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.
Accordingly, the Union's exceptions are denied.
Issued, Washington, D.C., February 7, 1984
Barbara J. Mahone, Chairman
Ronald W. Haughton, Member
Henry B. Frazier III, Member
FEDERAL LABOR RELATIONS AUTHORITY
U.S. OFFICE OF PERSONNEL
MANAGEMENT
(Agency)
and
AMERICAN FEDERATION OF GOVERNMENT
EMPLOYEES, LOCAL 32, AFL-CIO
(Union)
Case No. O-AR-366
DECISION
This matter is before the Authority on exceptions to the award of
Arbitrator Joseph M. Sharnoff 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.
Upon careful consideration of the entire record before the Authority,
the Authority concludes 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.
Accordingly, the Union's exceptions are denied. /2/
Issued, Washington, D.C., February 17, 1984
Barbara J. Mahone, Chairman
Ronald W. Haughton, Member
Henry B. Frazier III, Member
FEDERAL LABOR RELATIONS AUTHORITY
U.S. DEPARTMENT OF TRANSPORTATION,
FEDERAL RAILROAD ADMINISTRATION
Activity
and
AMERICAN FEDERATION OF GOVERNMENT
EMPLOYEES, LOCAL 2814, AFL-CIO
Union
Case No. O-AR-406
DECISION
This matter is before the Authority on exceptions to the award of
Arbitrator Daniel E. Matthews 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.
Upon careful consideration of the entire record before the Authority,
the Authority concludes 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.
Accordingly, the Union's exceptions are denied.
Issued, Washington, D.C., February 17, 1984
Barbara J. Mahone, Chairman
Ronald W. Haughton, Member
Henry B. Frazier III, Member
DEPARTMENT OF THE ARMY,
ABERDEEN PROVING GROUND
(Activity)
and
INTERNATIONAL ASSOCIATION OF
MACHINISTS AND AEROSPACE
WORKERS, LOCAL LODGE 2424
(Union)
Case No. O-AR-439
DECISION
This matter is before the Authority on exceptions to the award of
Arbitrator Eli Spark 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.
Upon careful consideration of the entire record before the Authority,
the Authority concludes 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.
Accordingly, the Union's exceptions are denied.
Issued, Washington, D.C., February 17, 1984
Barbara J. Mahone, Chairman
Ronald W. Haughton, Member
Henry B. Frazier III, Member
FEDERAL LABOR RELATIONS AUTHORITY
DEPARTMENT OF HEALTH AND HUMAN
SERVICES, SOCIAL SECURITY ADMINISTRATION
Activity
and
NEW YORK-NEW JERSEY COUNCIL OF DISTRICT
OFFICE LOCALS, AMERICAN FEDERATION
GOVERNMENT EMPLOYEES, AFL-CIO
Union
Case No. O-AR-483
DECISION
This matter is before the Authority on exceptions to the award of
Arbitrator Rodney E. Dennis 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.
Upon careful consideration of the entire record before the Authority,
the Authority concludes 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.
Accordingly, the Union's exceptions are denied.
Issued, Washington, D.C., February 17, 1984
Barbara J. Mahone, Chairman
Ronald W. Haughton, Member
Henry B. Frazier III, Member
FEDERAL LABOR RELATIONS AUTHORITY
SOCIAL SECURITY ADMINISTRATION
Agency
and
AMERICAN FEDERATION OF GOVERNMENT
EMPLOYEES, LOCAL 3369, AFL-CIO
Union
Case No. O-AR-486
DECISION
This matter is before the Authority on exceptions to the award of
Arbitrator Vincent D. McDonnell 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.
Upon careful consideration of the entire record before the Authority,
the Authority concludes 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.
Accordingly, the Union's exceptions are denied.
Issued, Washington, D.C., February 17, 1984.
Barbara J. Mahone, Chairman
Ronald W. Haughton, Member
Henry B. Frazier III, Member
FEDERAL LABOR RELATIONS AUTHORITY
AMERICAN FEDERATION
OF GOVERNMENT EMPLOYEES,
LOCAL 1917
Union
and
U.S. IMMIGRATION AND
NATURALIZATION SERVICE
Agency
Case No. O-AR-493
DECISION
This matter is before the Authority on exceptions to the award of
Arbitrator Edward Levin 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.
Upon careful consideration of the entire record before the Authority,
the Authority concludes 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.
Accordingly, the Union's exceptions are denied.
Issued, Washington, D.C., February 17, 1984
Barbara J. Mahone, Chairman
Ronald W. Haughton, Member
Henry B. Frazier III, Member
FEDERAL LABOR RELATIONS AUTHORITY
AMERICAN FEDERATION OF
GOVERNMENT EMPLOYEES
Union
and
SOCIAL SECURITY ADMINISTRATION
Agency
Case No. O-AR-518
DECISION
This matter is before the Authority on exceptions to the award of
Arbitrator Paul S. Staudohar filed by the Agency under section 7122(a)
of the Federal Service Labor-Management Relations Statute and part 2425
of the Authority's Rules and Regulations.
Upon careful consideration of the entire record before the Authority,
the Authority concludes that the Agency 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.
Accordingly, the Agency's exceptions are denied.
Issued, Washington, D.C., February 17, 1984
Barbara J. Mahone, Chairman
Ronald W. Haughton, Member
Henry B. Frazier III, Member
FEDERAL LABOR RELATIONS AUTHORITY
DEPARTMENT OF THE AIR FORCE,
AIR FORCE LOGISTICS COMMAND,
OGDEN AIR LOGISTICS CENTER,
HILL AIR FORCE BASE, UTAH
Activity
and
AMERICAN FEDERATION OF GOVERNMENT
EMPLOYEES, COUNCIL 214, LOCAL 1592
Union
Case No. O-AR-520
DECISION
This matter is before the Authority on exceptions to the award of
Arbitrator A. J. Wann filed by the Agency under section 7122(a) of the
Federal Service Labor-Management Relations Statute and part 2425 of the
Authority's Rules and Regulations.
Upon careful consideration of the entire record before the Authority,
the Authority concludes that the Agency 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.
Accordingly, the Agency's exceptions are denied.
Issued, Washington, D.C., February 17, 1984
Barbara J. Mahone, Chairman
Ronald W. Haughton, Member
Henry B. Frazier III, Member
FEDERAL LABOR RELATIONS AUTHORITY
DEPARTMENT OF HEALTH AND HUMAN
SERVICES, SOCIAL SECURITY ADMINISTRATION,
SAINT ALBANS, WEST VIRGINIA
Activity
and
LOCAL UNION 3462, AMERICAN FEDERATION
OF GOVERNMENT EMPLOYEES
Union
Case No. O-AR-526
DECISION
This matter is before the Authority on exceptions to the award of
Arbitrator Ralph E. Pelham 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.
Upon careful consideration of the entire record before the Authority,
the Authority concludes 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.
Accordingly, the Union's exceptions are denied.
Issued, Washington, D.C., February 17, 1984
Barbara J. Mahone, Chairman
Ronald W. Haughton, Member
Henry B. Frazier III, Member
FEDERAL LABOR RELATIONS AUTHORITY
NATIONAL ASSOCIATION OF GOVERNMENT
EMPLOYEES, LOCAL R4-17
Union
and
VETERANS ADMINISTRATION MEDICAL
CENTER, HAMPTON, VIRGINIA
Activity
Case No. O-AR-532
DECISION
This matter is before the Authority on exceptions to the award of
Arbitrator C. Robert Roadley 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.
Upon careful consideration of the entire record before the Authority,
the Authority concludes 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.
Accordingly, the Union's exceptions are denied.
Issued, Washington, D.C., February 21, 1984
Barbara J. Mahone, Chairman
Ronald W. Haughton, Member
Henry B. Frazier III, Member
AIR FORCE MILITARY TRAINING
CENTER, LACKLAND AIR FORCE
BASE, TEXAS
Activity
and
AMERICAN FEDERATION OF GOVERNMENT
EMPLOYEES, AFL-CIO, LOCAL 1367
Union
Case No. O-AR-557
DECISION
This matter is before the Authority on exceptions to the award of
Arbitrator Howard F. LeBaron 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.
Upon careful consideration of the entire record before the Authority,
the Authority concludes 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.
Accordingly, the Union's exceptions are denied.
Issued, Washington, D.C., February 21, 1984
Barbara J. Mahone, Chairman
Ronald W. Haughton, Member
Henry B. Frazier III, Member
FEDERAL LABOR RELATIONS AUTHORITY
OFFICE OF HEARINGS AND APPEALS,
SOCIAL SECURITY ADMINISTRATION
Activity
and
AMERICAN FEDERATION OF GOVERNMENT
EMPLOYEES, LOCAL 3615
Union
Case No. O-AR-561
DECISION
This matter is before the Authority on exceptions to the award of
Arbitrator Jerome H. Ross 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.
Upon careful consideration of the entire record before the Authority,
the Authority concludes 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.
Accordingly, the Union's exceptions are denied.
Issued, Washington, D.C., February 21, 1984
Barbara J. Mahone, Chairman
Ronald W. Haughton, Member
Henry B. Frazier III, Member
FEDERAL LABOR RELATIONS AUTHORITY
AMERICAN FEDERATION OF GOVERNMENT
EMPLOYEES, AFL-CIO
Union
and
SOCIAL SECURITY ADMINISTRATION
Agency
Case No. O-AR-565
DECISION
This matter is before the Authority on an exception to the award of
Arbitrator Donald A. Anderson filed by the Agency under section 7122(a)
of the Federal Service Labor-Management Relations Statute and part 2425
of the Authority's Rules and Regulations.
Upon careful consideration of the entire record before the Authority,
the Authority concludes that the Agency 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.
Accordingly, the Agency's exception is denied.
Issued, Washington, D.C., February 21, 1984
Barbara J. Mahone, Chairman
Ronald W. Haughton, Member
Henry B. Frazier III, Member
FEDERAL LABOR RELATIONS AUTHORITY
VETERANS ADMINISTRATION HOSPITAL
Activity
and
THE AMERICAN FEDERATION OF
GOVERNMENT EMPLOYEES, LOCAL 1633
Union
Case No. O-AR-569
DECISION
This matter is before the Authority on exceptions to the award of
Arbitrator John A. Bailey filed by the Activity under section 7122(a) of
the Federal Service Labor-Management Relations Statute and part 2425 of
the Authority's Rules and Regulations.
Upon careful consideration of the entire record before the Authority,
the Authority concludes that the Activity 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.
Accordingly, the Activity's exceptions are denied.
Issued, Washington, D.C., February 21, 1984
Barbara J. Mahone, Chairman
Ronald W. Haughton, Member
Henry B. Frazier III, Member
FEDERAL LABOR RELATIONS AUTHORITY
IMMIGRATION AND
NATURALIZATION SERVICE
Agency
and
AMERICAN FEDERATION OF GOVERNMENT
EMPLOYEES, LOCAL 1917
Union
Case No. O-AR-570
DECISION
This matter is before the Authority on exceptions to the award of
Arbitrator Nicholas S. Falcone 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.
Upon careful consideration of the entire record before the Authority,
the Authority concludes 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.
Accordingly, the Union's exceptions are denied.
Issued, Washington, D.C., February 21, 1984
Barbara J. Mahone, Chairman
Ronald W. Haughton, Member
Henry B. Frazier III, Member
FEDERAL LABOR RELATIONS AUTHORITY
SOCIAL SECURITY ADMINISTRATION,
FIELD ASSESSMENT
Agency
and
AMERICAN FEDERATION OF GOVERNMENT
EMPLOYEES, LOCAL 2206
Union
Case No. O-AR-572
DECISION
This matter is before the Authority on exceptions to the award of
Arbitrator Donald P. Crane 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.
Upon careful consideration of the entire record before the Authority,
the Authority concludes 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.
Accordingly, the Union's exceptions are denied.
Issued, Washington, D.C., February 21, 1984
Barbara J. Mahone, Chairman
Ronald W. Haughton, Member
Henry B Frazier III, Member
FEDERAL LABOR RELATIONS AUTHORITY
OVERSEAS EDUCATION
ASSOCIATION
Union
and
DEPARTMENT OF DEFENSE
DEPENDENTS SCHOOLS
Agency
Case No. O-AR-576
DECISION
This matter is before the Authority on exceptions to the award of
Arbitrator Thomas Q. Gilson filed by the Agency under section 7122(a) of
the Federal Service Labor-Management Relations Statute and part 2425 of
the Authority's Rules and Regulations.
Upon careful consideration of the entire record before the Authority,
the Authority concludes that the Agency 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 id deficient on other
grounds similar to those applied by Federal courts in private sector
labor-management relations.
Accordingly, the Agency's exceptions are denied.
Issued, Washington, D.C., February 21, 1984
Barbara J. Mahone, Chairman
Ronald W. Haughton, Member
Henry B. Frazier III, Member
FEDERAL LABOR RELATIONS AUTHORITY
OVERSEAS EDUCATION
ASSOCIATION
Union
and
DEPARTMENT OF DEFENSE
DEPENDENTS SCHOOLS,
PACIFIC REGION
Activity
Case No. O-AR-579
DECISION
This matter is before the Authority on an exception to the award of
Arbitrator Thomas Q. Gilson 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.
Upon careful consideration of the entire record before the Authority,
the Authority 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.
Accordingly, the Union's exception is denied.
Issued, Washington, D.C., February 21, 1984
Barbara J. Mahone, Chairman
Ronald W. Haughton, Member
Henry B. Frazier III, Member
FEDERAL LABOR RELATIONS AUTHORITY
DEFENSE MAPPING AGENCY
AEROSPACE CENTER,
ST. LOUIS, MISSOURI
Activity
and
LOCAL 1827, NATIONAL FEDERATION
OF FEDERAL EMPLOYEES
Union
Case No. O-AR-613
DECISION
This matter is before the Authority on exceptions to the award of
Arbitrator James M. O'Reilly filed by the Activity under section 7122(a)
of the Federal Service Labor-Management Relations Statute and part 2425
of the Authority's Rules and Regulations.
Upon careful consideration of the entire record before the Authority,
the Authority concludes that the Activity 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.
Accordingly, the Activity's exceptions are denied.
Issued, Washington, D.C., February 21, 1984
Barbara J. Mahone, Chairman
Ronald W. Haughton, Member
Henry B. Frazier III, Member
FEDERAL LABOR RELATIONS AUTHORITY
U.S. MARINE CORPS, DEVELOPMENT
& EDUCATION COMMAND, PUBLIC WORKS
DIVISION, QUANTICO, VA
Activity
and
AMERICAN FEDERATION OF GOVERNMENT
EMPLOYEES, LOCAL 1786, AFL-CIO
Union
Case No. O-AR-620
DECISION
This matter is before the Authority on exceptions to the award of
Arbitrator Louis Aronin 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.
Upon careful consideration of the entire record before the Authority,
the Authority concludes 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.
Accordingly, the Union's exceptions are denied.
Issued, Washington, D.C., February 21, 1984
Barbara J. Mahone, Chairman
Ronald W. Haughton, Member
Henry B. Frazier III, Member
FEDERAL LABOR RELATIONS AUTHORITY
DEPARTMENT OF THE NAVY
PACIFIC MISSILE TEST CENTER
Activity
and
POINT MUGU COUNCIL
OF NAGE/NFFE
UNION
Case No. O-AR-621
DECISION
This matter is before the Authority on exception to the award of
Arbitrator Philip Tamoush 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.
Upon careful consideration of the entire record before the Authority,
the Authority concludes 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.
Accordingly, the Union's exception is denied.
Issued, Washington, D.C., February 21, 1984
Barbara J. Mahone, Chairman
Ronald W. Haughton, Member
Henry B. Frazier III, Member
FEDERAL LABOR RELATIONS AUTHORITY
HEADQUARTERS, U.S. ARMY TRAINING
AND DOCTRINE COMMAND, FORT MONROE,
VIRGINIA
Activity
and
NATIONAL ASSOCIATION OF GOVERNMENT
EMPLOYEES, LOCAL R4-12
Union
Case No. O-AR-631
DECISION
This matter is before the Authority on exceptions to the award of
Arbitrator C. Robert Roadley filed by the Agency under Section 7122(a)
of the Federal Service Labor-Management Relations Statute and part 2425
of the Authority's Rules and Regulations.
Upon careful consideration of the entire record before the Authority,
the Authority concludes that the Agency 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.
Accordingly, the Agency's exceptions are denied.
Issued, Washington, D.C., February 21, 1984
Barbara J. Mahone, Chairman
Ronald W. Haughton, Member
Henry B. Frazier III, Member
FEDERAL LABOR RELATIONS AUTHORITY
DEFENSE LOGISTICS AGENCY
DALLAS, AUSTIN AND SAN ANTONIO, TEXAS
Activity
and
THE DEFENSE LOGISTICS AGENCY COUNCIL
OF AMERICAN FEDERATION OF GOVERNMENT
EMPLOYEES, LOCAL 2128
Union
Case No. O-AR-653
DECISION
This matter is before the Authority on exceptions to the award of
Arbitrator Charles W. Tyer 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.
Upon careful consideration of the entire record before the Authority,
the Authority concludes 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.
Accordingly, the Union's exceptions are denied.
Issued, Washington, D.C., February 21, 1984
Barbara J. Mahone, Chairman
Ronald W. Haughton, Member
Henry B. Frazier III, Member
FEDERAL LABOR RELATIONS AUTHORITY
AMERICAN FEDERATION OF GOVERNMENT
EMPLOYEES, LOCAL 2532, AFL-CIO
Union
and
U.S. SMALL BUSINESS ADMINISTRATION
Agency
Case No. O-AR-340
DECISION
This matter is before the Authority on exceptions to the award of
Arbitrator Jacob Seidenberg filed by the Agency under section 7122(a) of
the Federal Service Labor-Management Relations Statute and part 2425 of
the Authority's Rules and Regulations.
Upon careful consideration of the entire record before the Authority,
the Authority concludes that the Agency 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.
Accordingly, the Agency's exceptions are denied.
Issued, Washington, D.C., February 24, 1984
Barbara J. Mahone, Chairman
Ronald W. Haughton, Member
Henry B. Frazier III, Member
FEDERAL LABOR RELATIONS AUTHORITY
--------------- FOOTNOTES$ ---------------
/1/ In this regard, the Activity asserts that the Arbitrator issued a
clarification of his award on December 22, 1983. However, since the
deficiencies in the award asserted by the Activity arose in the November
30 award, the filing period commenced on that date. See United States
Department of the Interior, Bureau of Land Management, Eugene District
Office and National Federation of Federal Employees, Local 1911, 6 FLRA
401, 403 n. 2(1981).
/2/ The Union's request that the Authority issue a subpoena ordering
the Agency to produce certain documents is also denied.