29:1329(109)AR - Army Plant Representative Office, Bell Helicopter Textron, Fort Worth, TX and AFGE Local 2475 -- 1987 FLRAdec AR
[ v29 p1329 ]
29:1329(109)AR
The decision of the Authority follows:
29 FLRA NO. 109 29 FLRA 1329 30 OCT 1987 U.S. ARMY PLANT REPRESENTATIVE OFFICE, BELL HELICOPTER TEXTRON, FORT WORTH, TEXAS Activity and LOCAL 2475, AMERICAN FEDERATION OF GOVERNMENT EMPLOYEES Union Case No. 0-AR-1420 DECISION I. Statement of the Case This matter is before the Authority on exceptions to the award of Arbitrator A. Dale Allen, Jr., filed by the Union under section 7122(a) of the Federal Service Labor - Management Relations Statute (the Statute) and part 2425 of the Authority's Rules and Regulations. We deny the exceptions. II. Background and Arbitrator's Award Two grievances were filed and submitted together to arbitration on the issues of whether the Activity properly assigned duties involving evaluating contractor estimates and inspecting first aid kits and fire extinguishers to quality assurance specialists. The Arbitrator denied the grievances. He found that the Statute, the language of the parties' collective bargaining agreement, the job description of the specialist position and the past practice of the parties all permitted the assignment of the disputed duties. III. Discussion In its exceptions the Union contends that the award is deficient because the Arbitrator failed to address in his award the claimed violation of Article III, Section 3 of the collective bargaining agreement. The Union also contends that the Arbitrator failed to issue his decision within 30 days as required by the collective bargaining agreement. We 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: specifically, 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 relations cases. See, for example, U.S. Bureau of Prisons and American Federation of Government Employees, Local 3696, 10 FLRA 51 (1982) (An arbitrator does not need to discuss specific agreement provisions involved and the fact that the opinion accompanying the award does not mention such provisions does not establish that the arbitrator did not rule on them. Consequently, an exception contending that an award is deficient because the arbitrator failed to address a specific agreement provision provides no basis for finding an award deficient.); Corps of Engineers, U.S. Army Engineer District, New Orleans, Louisiana and National Federation of Federal Employees, Local 1124, 17 FLRA 315 (1985) (an exception claiming after an award is issued that the award is deficient because it was not issued within an applicable time period provides no basis for finding an award deficient). Accordingly, the Union's exceptions are denied. Issued, Washington, D.C., October 30, 1987. Jerry L. Calhoun, Chairman Henry B. Frazier III, Member Jean McKee, Member