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To promote stable, constructive labor-management relations through the resolution and prevention of labor disputes in a manner that gives full effect to the collective-bargaining rights of employees, unions, and agencies.

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Local 1770, American Federation of Government Employees, Fort Bragg, North Carolina (Union) and Department of the Army, Headquarters, XVIII Airborne Corps and Fort Bragg, North Carolina (Activity)&nbsp;

[ v08 p242 ] 08:0242(51)AR
The decision of the Authority follows:

8 FLRA No. 51
LOCAL 1770, AMERICAN FEDERATION
OF GOVERNMENT EMPLOYEES, FORT
BRAGG, NORTH CAROLINA
Union
and
DEPARTMENT OF THE ARMY,
HEADQUARTERS, XVIII AIRBORNE
CORPS AND FORT BRAGG, NORTH
CAROLINA
Activity
Case No. O-AR-214
DECISION
THIS MATTER IS BEFORE THE AUTHORITY ON AN EXCEPTION TO THE AWARD OF
ARBITRATOR MALCOLM J. HALL FILED BY THE UNION UNDER SECTION 7122(A) OF
THE FEDERAL SERVICE LABOR-MANAGEMENT RELATIONS STATUTE (5 U.S.C SEC.
7122(A)) (THE STATUTE) AND PART 2425 OF THE AUTHORITY'S RULES AND
REGULATIONS (5 CFR PART 2425). THE AGENCY FILED AN OPPOSITION. /1/
ACCORDING TO THE ARBITRATOR, THE DISPUTE IN THIS MATTER AROSE WHEN
THE ACTIVITY DENIED THE GRIEVANT, A UNION REPRESENTATIVE, TWO HOURS OF
OFFICIAL TIME TO PERFORM REPRESENTATIONAL DUTIES. A GRIEVANCE WAS FILED
AND THE MATTER WAS ULTIMATELY SUBMITTED TO ARBITRATION.
IN THE OPINION ACCOMPANYING HIS AWARD, THE ARBITRATOR EVALUATED THE
EVIDENCE AND TESTIMONY BEFORE HIM AND NOTED THAT THE GRIEVANT'S REQUEST
HAD BEEN DENIED BY THE ACTIVITY BECAUSE OF WORKLOAD REQUIREMENTS IN THE
BRANCH IN WHICH GRIEVANT WORKED, THAT HE HAD BEEN OFFERED ALTERNATE
TIMES BY THE ACTIVITY FOR ATTENDING TO THE SAME BUSINESS, AND THAT THE
PARTIES' AGREEMENT DID NOT SPECIFY A PERCENTAGE OF TIME THAT
REPRESENTATIVES WERE ENTITLED TO FOR PERFORMING THE DUTIES WHICH THE
GRIEVANT HAD SOUGHT TO PERFORM. HE CONCLUDED THAT THE ACTIVITY HAD NOT
VIOLATED THE AGREEMENT BY DENYING THE GRIEVANT THE REQUESTED OFFICIAL
TIME IN THE CIRCUMSTANCES OF THIS CASE. THE ARBITRATOR ALSO OFFERED A
"RECOMMENDED" "GUIDELINE FOR THE FUTURE" TO THE PARTIES AS TO THE
PERCENTAGE OF DUTY TIME WHICH UNION REPRESENTATIVES SHOULD BE GIVEN FOR
PERFORMING CERTAIN UNION DUTIES.
IN ITS EXCEPTION THE UNION CONTENDS THAT THE AWARD IS CONTRARY TO
SECTION 7131(D) OF THE STATUTE /2/ WHICH "OBVIOUSLY CONTEMPLATES THE
EMPLOYEES' RIGHTS TO BE REPRESENTED AND TO REPRESENT." THE UNION ALSO
CONTENDS THAT THE "GUIDELINE" OFFERED BY THE ARBITRATOR CANNOT BE
RECONCILED WITH SECTION 7131(D). /3/
THE UNION'S EXCEPTION PROVIDES NO BASIS FOR FINDING THE AWARD
DEFICIENT. THE UNION HAS IN NO MANNER DEMONSTRATED THAT THE
ARBITRATOR'S AWARD FINDING THAT THE AGREEMENT HAD NOT BEEN VIOLATED BY
THE DENIAL OF THE REQUESTED TIME IN THIS CASE IS CONTRARY TO SECTION
7131(D) OF THE STATUTE OR THAT SECTION 7131(D) MANDATES THE GRANTING OF
OFFICIAL TIME IN THE CIRCUMSTANCES OF THIS CASE. THEREFORE THE UNION'S
EXCEPTION IS DENIED.
ISSUED, WASHINGTON, D.C., MARCH 24, 1982
RONALD W. HAUGHTON, CHAIRMAN
HENRY B. FRAZIER III, MEMBER
LEON B. APPLEWHAITE, MEMBER
FEDERAL LABOR RELATIONS AUTHORITY
--------------- FOOTNOTES: ---------------
/1/ IN ITS OPPOSITION, THE AGENCY ALSO CONTENDS THAT THE UNION'S
EXCEPTION SHOULD BE DISMISSED AS UNTIMELY FILED. HOWEVER, THE UNION'S
EXCEPTION WAS TIMELY FILED WITH THE AUTHORITY IN ACCORDANCE WITH THE
AUTHORITY'S RULES AND REGULATIONS AND THEREFORE THIS MATTER IS PROPERLY
BEFORE THE AUTHORITY FOR DECISION.
/2/ 5 U.S. SEC. 7131(D) PROVIDES:
(D) EXCEPT AS PROVIDED IN THE PRECEDING SUBSECTIONS OF THIS SECTION--
(1) ANY EMPLOYEE REPRESENTING AN EXCLUSIVE REPRESENTATIVE, OR
(2) IN CONNECTION WITH ANY OTHER MATTER COVERED BY THIS CHAPTER, ANY
EMPLOYEE IN AN
APPROPRIATE UNIT REPRESENTED BY AN EXCLUSIVE REPRESENTATIVE, SHALL BE
GRANTED OFFICIAL TIME IN ANY AMOUNT THE AGENCY AND THE EXCLUSIVE
REPRESENTATIVE INVOLVED AGREE TO BE REASONABLE, NECESSARY, AND IN THE
PUBLIC INTEREST.
/3/ THE UNION ALSO CONTENDS THAT "THE AWARD CANNOT BE DRAWN FROM THE
ESSENCE OF THE AGREEMENT," BUT OFFERS NO ARGUMENTS IN SUPPORT OF THIS
CONTENTION OTHER THAN THOSE RELATING TO SECTION 7131(D) OF THE STATUTE.