16:0747(104)AR - SSA and AFGE -- 1984 FLRAdec AR
[ v16 p747 ]
16:0747(104)AR
The decision of the Authority follows:
16 FLRA No. 104 SOCIAL SECURITY ADMINISTRATION Activity and AMERICAN FEDERATION OF GOVERNMENT EMPLOYEES, AFL-CIO Union Case No. O-AR-883 ORDER DISMISSING EXCEPTIONS This case is before the Authority on exceptions to the award of Arbitrator John C. Manson filed by the Union 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 exceptions must be dismissed as untimely filed. The Arbitrator's award is dated October 18, 1984, and appears to have been served on the parties by mail on the same day. Under section 7122(b) of the Statute, as amended, /1/ and section 2425.1 of the Authority's Rules and Regulations, as amended, /2/ which amendments are applicable to exceptions pending or filed with the Authority on or after March 2, 1984, and under sections 2429.21 and 2429.22 of the Rules and Regulations, which are also applicable to computation of the time limit here involved, any exceptions to the Arbitrator's award in this case had to be filed with the Authority not later than the close of business on November 21, 1984. However, the exceptions were not filed until November 27, 1984. Therefore, the exceptions were untimely filed. Accordingly, as the Union's exceptions were untimely filed, they are hereby dismissed. For the Authority. Issued, Washington, D.C., December 7, 1984 Jan K. Bohren Executive Director/Administrator PACIFIC MISSILE TEST CENTER, POINT MUGU, CALIFORNIA Activity and NATIONAL ASSOCIATION OF GOVERNMENT EMPLOYEES, LOCAL R12-33 Union Case No. O-AR-735 (15 FLRA No. 119) ORDER DENYING MOTION FOR RECONSIDERATION This case is before the Authority on a motion for reconsideration filed by the Union on September 10, 1984, seeking reconsideration of the Authority's Order of August 16, 1984. For the reason set forth below, the motion must be denied. Section 2429.17 of the Authority's Rules and Regulations, effective September 10, 1981, provides in pertinent part: 2429.17 Reconsideration After a final decision or order of the Authority has been issued, a party to the proceeding before the Authority who can establish in its moving papers extraordinary circumstances for so doing, may move for reconsideration of such final decision or order. The motion shall be filed within 10 days after service of the Authority's decision or order . . . . The Authority's Order was dated and served on the union by mail on August 16, 1984. Therefore, under section 2429.17 of the Authority's Rules and Regulations, and sections 2429.21 and 2429.22, which are also applicable to the computation of the time limit here involved, the Union's motion for reconsideration was due in the national office of the Authority before the close of business on August 31, 1984. Since, as indicated above, the Union's motion was not filed until September 10, 1984, it is clearly untimely and must be denied. Accordingly, for the reason set forth above, IT IS ORDERED that the Union's motion for reconsideration in this case be, and it hereby is, denied. For the Authority. Issued, Washington, D.C., November 27, 1984 Jan K. Bohren Executive Director/Administrator AMERICAN FEDERATION OF GOVERNMENT EMPLOYEES, LOCAL 644, AFL-CIO Union and U.S. DEPARTMENT OF LABOR, MINE HEALTH AND SAFETY ADMINISTRATION, MORGANTOWN, WEST VIRGINIA Agency Case No. O-NG-858 15 FLRA No.170 ORDER DENYING MOTION FOR RECONSIDERATION This case is before the Authority on a motion for reconsideration filed by the Department of Labor on September 17, 1984, seeking reconsideration of the Authority's Decision and Order of August 31, 1984 in the above-entitled matter, as it relates to Union Proposal 1. For the reasons set forth below, the motion must be denied. Section 2429.17 of the Authority's Rules and Regulations provides, in part, that a party "who can establish . . . extraordinary circumstances . . . may move for reconsideration" of a decision of the Authority. In support of its motion, the Department of Labor makes three assertions, none of which challenges the Authority's conclusion that the proposal is negotiable. It is alleged that the circumstances giving rise to the proposal no longer exist; that a mutually satisfactory settlement with respect to the allocation of office space has been reached and, hence, renewed bargaining on the proposal would be inappropriate and burdensome; and that the changes in working conditions resulting from relocation of the employees' office were so minor as not to give rise to a bargaining obligation. With regard to the first two, the Authority's Decision and Order does not require the parties to bargain if the circumstances giving rise to the proposal have changed, nor does it preclude the parties from mutually agreeing to a disposition which does not include returning to the bargaining table. As to the third contention, the Authority has previously noted that such questions should be resolved through use of other appropriate proceedings. See, e.g., American Federation of Government Employees, AFL-CIO, Local 2736 and Department of the Air Force, Headquarters, 379th Combat Support Group (SAC), Wurtsmith Air Force Base, Michigan, 14 FLRA No. 55 (1984), appeal docketed sub nom. Wurtsmith Air Force Base v. FLRA, 84-3459 (6th Cir. June 15, 1984). Thus, the Authority concludes that none of the three arguments advanced by the Agency establishes the existence of extraordinary circumstances. Accordingly, IT IS HEREBY ORDERED that the motion for reconsideration be, and it hereby is, denied. Issued, Washington, D.C., November 30, 1984 Henry B. Frazier III, Acting Chairman Ronald W. Haughton, Member FEDERAL LABOR RELATIONS AUTHORITY VETERANS ADMINISTRATION MEDICAL CENTER, HOUSTON, TEXAS Activity and AMERICAN FEDERATION OF GOVERNMENT EMPLOYEES, AFL-CIO, LOCAL 1633 Union Case No. O-AR-728 DECISION This matter is before the Authority on exceptions to the award of Arbitrator Otis H. King 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., November 30, 1984 Henry B. Frazier III, Acting Chairman Ronald W. Haughton, Member FEDERAL LABOR RELATIONS AUTHORITY AMERICAN FEDERATION OF GOVERNMENT EMPLOYEES, LOCAL 987, AFL-CIO Union and DEPARTMENT OF THE AIR FORCE, WARNER ROBINS AIR FORCE LOGISTICS CENTER Activity Case No. O-AR-776 DECISION This matter is before the Authority on exceptions to the award of Arbitrator Stanley E. Kravit 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., November 30, 1984 Henry B. Frazier III, Acting Chairman Ronald W. Haughton, Member FEDERAL LABOR RELATIONS AUTHORITY DEPARTMENT OF THE ARMY, U.S. ARMY AG PUBLICATIONS CENTER Activity and LOCAL UNION 1409, AMERICAN FEDERATION OF GOVERNMENT EMPLOYEES, AFL-CIO Union Case No. O-AR-826 DECISION This matter is before the Authority on exceptions to the award of Arbitrator J. Harvey Daly 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., November 30, 1984 Henry B. Frazier III, Acting Chairman Ronald W. Haughton, Member FEDERAL LABOR RELATIONS AUTHORITY U.S. ARMY MISSILE COMMAND, REDSTONE ARSENAL, ALABAMA Activity and AMERICAN FEDERATION OF EMPLOYEES, LOCAL 1858 Union Case No. O-AR-830 DECISION This matter is before the Authority on exceptions to the award of Arbitrator H. Ellsworth Steele 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., November 30, 1984 Henry B. Frazier III, Acting Chairman Ronald W. Haughton, Member FEDERAL LABOR RELATIONS AUTHORITY VETERANS ADMINISTRATION MEDICAL CENTER, BRECKSVILLE UNIT, BRECKSVILLE, OHIO Agency and AMERICAN FEDERATION OF GOVERNMENT EMPLOYEES, LOCAL 31 Union Case No. O-AR-836 DECISION This matter is before the Authority on exceptions to the award of Arbitrator Harry J. Dworkin 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., November 30, 1984 Henry B. Frazier III, Acting Chairman Ronald W. Haughton, Member FEDERAL LABOR RELATIONS AUTHORITY SOCIAL SECURITY ADMINISTRATION, MID-AMERICA PROGRAM SERVICE CENTER Activity and AMERICAN FEDERATION OF GOVERNMENT EMPLOYEES, NATIONAL COUNCIL OF SOCIAL SECURITY PAYMENT CENTER Union Case No. O-AR-843 DECISION This matter is before the Authority on exceptions to the award of Arbitrator Joseph J. Nitka filed by the Activity under section 7122(a) of the Federal Service Labor-Management 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., November 30, 1984 Henry B. Frazier III, Acting Chairman Ronald W. Haughton, Member FEDERAL LABOR RELATIONS AUTHORITY NATIONAL AERONAUTICS AND SPACE ADMINISTRATION Agency and INTERNATIONAL FEDERATION OF PROFESSIONAL AND TECHNICAL ENGINEERS, LOCAL NO. 28, THE LEWIS ENGINEERS AND SCIENTISTS ASSOCIATIONS Union Case No. O-AR-848 DECISION This matter is before the Authority on exceptions to the award of Arbitrator Roland H. Strasshofer 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., November 30, 1984 Henry B. Frazier III, Acting Chairman Ronald W. Haughton, Member FEDERAL LABOR RELATIONS AUTHORITY DEPARTMENT OF THE ARMY, MEDDAC, FORT CAMPBELL, KENTUCKY Activity and AMERICAN FEDERATION OF GOVERNMENT EMPLOYEES, LOCAL 2022, AFL-CIO Union Case No. O-AR-851 DECISION This matter is before the Authority on exceptions to the award of Arbitrator James F. Scearce 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., November 30, 1984 Henry B. Frazier III, Acting Chairman Ronald W. Haughton, Member FEDERAL LABOR RELATIONS AUTHORITY --------------- FOOTNOTES$ --------------- /1/ Section 7122(b) of the Statute was amended by the Civil Service Miscellaneous Amendments Act of 1983 (Pub. L. No. 98-224, Sec. 4, 98 Stat. 47, 48 (1984)) to provide that the 30-day period for filing exceptions to an arbitrator's award begins on the date the award is served on the filing party. /2/ 49 Fed.Reg. 22623 (1984).