[ v14 p63 ]
14:0063(14)AR
The decision of the Authority follows:
14 FLRA No. 14
COMMANDER, 554TH COMBAT
SUPPORT GROUP (TAC), NELLIS
AIR FORCE BASE, LAS VEGAS, NEVADA
Activity
and
AMERICAN FEDERATION OF GOVERNMENT
EMPLOYEES, LOCAL 1199, AFL-CIO,
NELLIS AIR FORCE BASE
Union
Case No. O-AR-424
DECISION
This matter is before the Authority on an exception to the award of
Arbitrator Walter P. Coombs 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.
The parties in this case submitted to arbitration an issue of whether
the Activity violated the collective bargaining agreement when it
established a new duty station for 18 employees who perform maintenance
at a flight-training range. After reviewing the decision of the
Authority in American Federation of Government Employees, AFL-CIO, Local
3805 and Federal Home Loan Bank Board, Boston District Office, 5 FLRA
693(1981), the Arbitrator concluded that the substance of a decision
concerning the establishment of a duty station, alone, was not subject
to bargaining since it is a management right under section 7106(a)(1) of
the Statute. However, because the Arbitrator determined that the
decision to establish a new duty station was "so intertwined" with
proposed changes relating to hours of work which were subject to
negotiation, the Arbitrator held that the substance of the Activity's
decision to establish a new duty station was consequently also subject
to negotiation. Accordingly, he ruled in this regard that the Activity
had violated the agreement by failing to negotiate over the decision to
establish a new duty station and essentially ordered that decision to be
the subject of negotiations unless the parties mutually agreed that the
duty-station issue could be separated from the other matters.
In its exception the Agency contends that the award in this respect
is contrary to section 7106(a) of the Statute. Specifically, the Agency
argues on the basis of Federal Home Loan Bank Board, 5 FLRA at 694, that
the award interferes with the right of management to establish official
duty stations which right flows from the provisions of section
7106(a)(1) providing for management's right to determine the
organization, i.e., the administrative or functional structure, of the
agency. The Authority agrees.
The Authority has consistently held that the plain language of
section 7106(a) provides that nothing in the Statute shall affect the
authority of an agency to exercise the rights enumerated in that
section, the intent being that such matters may not be negotiated under
any circumstances. E.g., Professional Air Traffic Controllers
Organization and Federal Aviation Administration, 5 FLRA 763, 767 &
n.4(1981). Thus, in terms of this case, the Arbitrator could not
properly order the Activity, for any reason, to negotiate concerning the
decision of the Activity to establish a new duty station. As indicated
by the Authority in PATCO, an arbitrator may not properly condition the
implementation of a management right under section 7106(a) of the
Statute on a negotiated agreement between the parties of a dispute.
Consequently, the Authority finds that the award is deficient to the
extent that it subjects the Activity's decision to establish a new duty
station to negotiation and must be modified. Accordingly, the award is
modified by striking paragraph 1.
Issued, Washington, D.C., March 13, 1984
Barbara J. Mahone, Chairman
Ronald W. Haughton, Member
Henry B. Frazier III, Member
FEDERAL LABOR RELATIONS AUTHORITY
NATIONAL AERONAUTICS AND
SPACE ADMINISTRATION
LEWIS RESEARCH CENTER
CLEVELAND, OHIO
Respondent
and
LEWIS ENGINEERS AND SCIENTISTS
ASSOCIATION, INTERNATIONAL
FEDERATION OF PROFESSIONAL AND
TECHNICAL ENGINEERS, LOCAL 28
Charging Party
Case No. 5-CA-935
10 FLRA No. 51
SUPPLEMENTAL DECISION AND ORDER
This matter is once again before the Authority pursuant to a
Supplemental Decision issued by the Administrative Law Judge as a result
of a remand by the Authority to enable the Judge to make certain
credibility determinations necessary to establish the facts relating to
the allegations set forth in the complaint. National Aeronautics and
Space Administration, Lewis Research Center, Cleveland, Ohio, 10 FLRA
No. 51(1982).
Pursuant to section 2423.29 of the Authority's Rules and Regulations
and section 7118 of the Federal Service Labor-Management Relations
Statute (the Statute), the Authority has reviewed the rulings of the
Judge made at the hearing and finds no prejudicial error was committed.
The rulings are hereby affirmed. Upon consideration of the Judge's
Decision and Supplemental Decision, and the entire record, and noting
particularly the absence of exceptions to the Judge's Supplemental
Decision, the Authority hereby adopts the Judge's findings, conclusions,
and Recommended Order.
In his Supplemental Decision, the Judge found that Shinn had only one
conversation with McGuire on August 15, 1980, and that he did not
inquire about her union membership or caution her to beware of what she
told union representative Szucs. Therefore, in agreement with the
Judge, the Authority concludes that the General Counsel has failed to
establish by a preponderance of evidence that a violation of the Statute
occurred during the August 15, 1980 conversation between Shinn and
McGuire. Accordingly, that aspect of the complaint must be dismissed.
ORDER
Pursuant to section 2423.29 of the Federal Labor Relations
Authority's Rules and Regulations and section 7118 of the Statute, the
Authority hereby orders that the National Aeronautics and Space
Administration, Lewis Research Center, Cleveland, Ohio, shall:
1. Cease and desist from:
(a) Threatening employees with reprisal if they seek the
assistance of their exclusive representative or engage in any
other type of activity protected in the Statute.
(b) In any like or related manner, interfering with,
restraining, or coercing any employee in the exercise of any right
under the Statute.
2. Take the following affirmative action in order to effectuate the
purposes and policies of the Statute.
(a) Post at its offices in Cleveland, Ohio, where unit
employees are located, copies of the attached Notice on forms to
be furnished by the Federal Labor Relations Authority. Upon
receipt of such forms they shall be signed by an authorized
representative of the Activity and shall be posted and maintained
for 60 consecutive days thereafter, in conspicuous places,
including bulletin boards and other places where notices to
employees are customarily posted. Reasonable steps shall be taken
to insure that such Notices are not altered, defaced, or covered
by any other material.
(b) Pursuant to section 2424.30 of the Authority's Rules and
Regulations, notify the Regional Director of Region V, Federal
Labor Relations Authority, in writing, within 30 days from the
date of this Order, as to what steps have been taken to comply
herewith.
IT IS FURTHER ORDERED that the allegations of the complaint
pertaining to the August 15, 1980 conversation between Shinn and McGuire
be, and they hereby are, dismissed.
Issued, Washington, D.C., February 7, 1984
Barbara J. Mahone, Chairman
Ronald W. Haughton, Member
Henry B. Frazier III, Member
FEDERAL LABOR RELATIONS AUTHORITY
NOTICE TO ALL EMPLOYEES PURSUANT TO A DECISION AND ORDER OF
THE FEDERAL
LABOR RELATIONS AUTHORITY AND IN ORDER TO EFFECTUATE THE
POLICIES OF
CHAPTER 71 OF TITLE 5 OF THE UNITED STATES CODE FEDERAL SERVICE
LABOR-MANAGEMENT RELATIONS WE HEREBY NOTIFY OUR EMPLOYEES
THAT:
WE WILL NOT threaten employees with any form of reprisal if they seek
the assistance of their exclusive representative or for their engaging
in any other type of activity protected in the Statute.
WE WILL NOT, in any like or related manner, interfere with, restrain
or coerce our employees in the exercise of their rights assured by the
Statute.
(Activity)
Dated:
By:
(Signature) (Title)
This Notice must remain posted for 60 consecutive days from the date
of posting, and must not be altered, defaced, or covered by any other
material.
If employees have any questions concerning this Notice or compliance
with its provisions, they may communicate directly with the Regional
Director of Region V, Federal Labor Relations Authority, whose address
is: 175 W. Jackson Boulevard, Suite 1359-A, Chicago, Illinois 60604;
and whose telephone number is: (312) 353-6306.
U.S. DEPARTMENT OF HOUSING AND
URBAN DEVELOPMENT, REGION VI,
SAN ANTONIO AREA
Agency
and
AMERICAN FEDERATION OF GOVERNMENT
EMPLOYEES, AFL-CIO, LOCAL 3320
Union
Case No. O-AR-545
DECISION
This matter is before the Authority on exceptions to the award of
Arbitrator Raymond L. Britton 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., March 6, 1984
Barbara J. Mahone, Chairman
Ronald W. Haughton, Member
Henry B. Frazier III, Member
FEDERAL LABOR RELATIONS AUTHORITY
TIDEWATER VIRGINIA FEDERAL
EMPLOYEES METAL TRADES
COUNCIL, AFL-CIO
Union
and
NORFOLK NAVAL SHIPYARD
Activity
Case No. O-AR-549
DECISION
This matter is before the Authority on exceptions to the award of
Arbitrator Samuel Spencer Stone 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., March 6, 1984
Barbara J. Mahone, Chairman
Ronald W. Haughton, Member
Henry B. Frazier III, Member
FEDERAL LABOR RELATIONS AUTHORITY
VETERANS ADMINISTRATION
MEDICAL CENTER,
KERRVILLE, TEXAS
Activity
and
AMERICAN FEDERATION OF GOVERNMENT
EMPLOYEES, LOCAL 2281
Union
Case No. O-AR-554
DECISION
This matter is before the Authority on exceptions to the award of
Arbitrator Claude B. Lilly 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., March 6, 1984
Barbara J. Mahone, Chairman
Ronald W. Haughton, Member
Henry B. Frazier III, Member
FEDERAL LABOR RELATIONS AUTHORITY
AMERICAN FEDERATION OF STATE,
COUNTY AND MUNICIPAL EMPLOYEES,
COUNCIL 26
Union
and
UNITED STATES COMMISSION ON
CIVIL RIGHTS
Agency
Case No. O-AR-559
DECISION
This matter is before the Authority on exceptions to the award of
Arbitrator Alfred Avins 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., March 6, 1984
Barbara J. Mahone, Chairman
Ronald W. Haughton, Member
Henry B. Frazier III, Member
FEDERAL LABOR RELATIONS AUTHORITY
VETERANS ADMINISTRATION
MEDICAL CENTER, PHOENIX, ARIZONA
Activity
and
AMERICAN FEDERATION OF GOVERNMENT
EMPLOYEES, AFL-CIO, LOCAL 2382
Union
Case No. O-AR-563
DECISION
This matter is before the Authority on exceptions to the award of
Arbitrator Joseph F. Gentile 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., March 6, 1984
Barbara J. Mahone, Chairman
Ronald W. Haughton, Member
Henry B. Frazier III, Member
FEDERAL LABOR RELATIONS AUTHORITY
VETERANS ADMINISTRATION HOSPITAL,
ASHEVILLE, NORTH CAROLINA
Activity
and
AMERICAN FEDERATION OF GOVERNMENT
EMPLOYEES, LOCAL 446
Union
Case No. O-AR-564
DECISION
This matter is before the Authority on exceptions to the award of
Arbitrator Roy D. Cromwell 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., March 6, 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-566
DECISION
This matter is before the Authority on exceptions to the award of
Arbitrator Robert J. Ables 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., March 6, 1984
Barbara J. Mahone, Chairman
Ronald W. Haughton, Member
Henry B. Frazier III, Member
FEDERAL LABOR RELATIONS AUTHORITY
FEDERAL CORRECTIONAL INSTITUTION,
U.S. DEPARTMENT OF JUSTICE,
DANBURY, CONNECTICUT
Activity
and
AMERICAN FEDERATION OF GOVERNMENT
EMPLOYEES, LOCAL 1661
Union
Case No. O-AR-586
DECISION
This matter is before the Authority on exceptions to the award of
Arbitrator Roland W. Breault 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., March 6, 1984
Barbara J. Mahone, Chairman
Ronald W. Haughton, Member
Henry B. Frazier III, Member
FEDERAL LABOR RELATIONS AUTHORITY
OFFICE OF HEARING AND APPEALS,
SOCIAL SECURITY ADMINISTRATION
Agency
and
AMERICAN FEDERATION OF GOVERNMENT
EMPLOYEES, AFL-CIO LOCAL 3615
Union
Case No. O-AR-587
DECISION
This matter is before the Authority on exceptions to the award of
Arbitrator Robert J. Ables filed by the Agency and 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 both the Agency and Union 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 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 and Union's exceptions are denied.
Issued, Washington, D.C., March 6, 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, COUNCIL 215
Union
Case No. O-AR-588
DECISION
This matter is before the Authority on exceptions to the award of
Arbitrator Max Rosenberg 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., March 6, 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,
POINT MUGU, CALIFORNIA
Activity
and
POINT MUGU COUNCIL OF NAGE/NFFE,
NFFE LOCAL 1374
Union
Case No. O-AR-603
DECISION
This matter is before the Authority on exceptions to the award of
Arbitrator Edna E. J. Francis 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., March 7, 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
Agency
and
AMERICAN FEDERATION OF GOVERNMENT
EMPLOYEES, LOCAL 2206, AFL-CIO
Union
Case No. O-AR-606
DECISION
This matter is before the Authority on exceptions to the award of
Arbitrator David A. Singer, Jr. 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., March 7, 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
Agency
and
AMERICAN FEDERATION OF GOVERNMENT
EMPLOYEES, LOCAL 1923
Union
Case No. O-AR-607
DECISION
This matter is before the Authority on exceptions to the award of
Arbitrator Malcolm L. Pritzker 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., March 7, 1984
Barbara J. Mahone, Chairman
Ronald W. Haughton, Member
Henry B. Frazier III, Member
FEDERAL LABOR RELATIONS AUTHORITY
U.S. DEPARTMENT OF JUSTICE, FEDERAL
BUREAU OF PRISONS, U.S. PENITENTIARY
LEWISBURG, PENNSYLVANIA
Activity
and
AMERICAN FEDERATION OF GOVERNMENT
EMPLOYEES, COUNCIL OF PRISONS
LOCAL 148
Union
Case No. O-AR-610
DECISION
This matter is before the Authority on exceptions to the award of
Arbitrator Francis X. Quinn 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., March 7, 1984
Barbara J. Mahone, Chairman
Ronald W. Haughton, Member
Henry B. Frazier III, Member
FEDERAL LABOR RELATIONS AUTHORITY
PORTSMOUTH NAVAL SHIPYARD
Activity
and
FEDERAL EMPLOYEES METAL
TRADES COUNCIL, AFL-CIO
Union
Case No. O-AR-623
DECISION
This matter is before the Authority on exceptions to the award of
Arbitrator Harry B. Purcell 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., March 7, 1984
Barbara J. Mahone, Chairman
Ronald W. Haughton, Member
Henry B. Frazier III, Member
FEDERAL LABOR RELATIONS AUTHORITY
DEFENSE GENERAL SUPPLY CENTER,
U.S. DEPARTMENT OF DEFENSE
Activity
and
AMERICAN FEDERATION OF GOVERNMENT
EMPLOYEES, LOCAL 2047
Union
Case No. O-AR-626
DECISION
This matter is before the Authority on exceptions to the award of
Arbitrator Patrick Hardin 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., March 7, 1984
Barbara J. Mahone, Chairman
Ronald W. Haughton, Member
Henry B. Frazier III, Member
FEDERAL LABOR RELATIONS AUTHORITY
VETERANS ADMINISTRATION,
CANTEEN SERVICE
Activity
and
AMERICAN FEDERATION OF GOVERNMENT
EMPLOYEES, LOCAL 1012
Union
Case No. O-AR-630
DECISION
This matter is before the Authority on exceptions to the award of
Arbitrator William A. Babiskin 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., March 7, 1984
Barbara J. Mahone, Chairman
Ronald W. Haughton, Member
Henry B. Frazier III, Member
FEDERAL LABOR RELATIONS AUTHORITY
COMMANDER, KEESLER TECHNICAL
TRAINING CENTER (USAF)
Activity
and
AMERICAN FEDERATION OF GOVERNMENT
EMPLOYEES, LOCAL 2670
Union
Case No. O-AR-641
DECISION
This matter is before the Authority on exceptions to the award of
Arbitrator Samuel J. Nicholas, Jr. 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., March 7, 1984
Barbara J. Mahone, Chairman
Ronald W. Haughton, Member
Henry B. Frazier III, Member
FEDERAL LABOR RELATIONS AUTHORITY
HEADQUARTERS, 101st AIRBORNE
DIVISION AND FORT CAMPBELL
Activity
and
AMERICAN FEDERATION OF GOVERNMENT
EMPLOYEES, LOCAL 2022
Union
Case No. O-AR-649
DECISION
This matter is before the Authority on exceptions to the award of
Arbitrator Edwin. H. Rayson 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., March 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 32
Union
and
OFFICE OF PERSONNEL MANAGEMENT
Agency
Case No. O-AR-484
DECISION
This matter is before the Authority on exceptions to the award of
Arbitrator Joseph M. Stone 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., March 14, 1984
Barbara J. Mahone, Chairman
Ronald W. Haughton, Member
Henry B. Frazier III, Member
FEDERAL LABOR RELATIONS AUTHORITY
U.S. CUSTOMS SERVICE,
REGION VI
Activity
and
NATIONAL TREASURY EMPLOYEES
UNION, CHAPTER 163
Union
Case No. O-AR-534
DECISION
This matter is before the Authority on exceptions to the award of
Arbitrator Paul Barron 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., March 14, 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-598
DECISION
This matter is before the Authority on exceptions to the award of
Arbitrator Janet Gaunt 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., March 14, 1984
Barbara J. Mahone, Chairman
Ronald W. Haughton, Member
Henry B. Frazier III, Member
FEDERAL LABOR RELATIONS AUTHORITY
AMERICAN FEDERATION OF GOVERNMENT
EMPLOYEES, LOCAL 2206
Union
and
DEPARTMENT OF HEALTH AND HUMAN
SERVICES, SOCIAL SECURITY ADMINISTRATION,
SOUTHEASTERN PROGRAM SERVICE CENTER
Activity
Case No. O-AR-619
DECISION
This matter is before the Authority on exceptions to the award of
Arbitrator Ralph Towers 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., March 14, 1984
Barbara J. Mahone, Chairman
Ronald W. Haughton, Member
Henry B. Frazier III, Member
FEDERAL LABOR RELATIONS AUTHORITY
AMERICAN FEDERATION OF GOVERNMENT
EMPLOYEES, LOCAL 1923
Union
and
DEPARTMENT OF HEALTH AND HUMAN
SERVICES, HEALTH CARE FINANCING
ADMINISTRATION, BALTIMORE, MARYLAND
Activity
Case No. O-AR-665
DECISION
This matter is before the Authority on exceptions to the award of
Arbitrator Herbert Fishgold 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., March 14, 1984
Barbara J. Mahone, Chairman
Ronald W. Haughton, Member
Henry B. Frazier III, Member
FEDERAL LABOR RELATIONS AUTHORITY
SOCIAL SECURITY ADMINISTRATION
MID - AMERICA SERVICES CENTER
KANSAS CITY, MISSOURI
Activity
and
AMERICAN FEDERATION OF GOVERNMENT
EMPLOYEES, LOCAL 1336
Union
Case No. O-AR-690
DECISION
This matter is before the Authority on exceptions to the award of
Arbitrator Peter J. Maniscalco 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., March 14, 1984
Barbara J. Mahone, Chairman
Ronald W. Haughton, Member
Henry B. Frazier III, Member
FEDERAL LABOR RELATIONS AUTHORITY