[ v04 p18 ]
04:0018(4)AR
The decision of the Authority follows:
04 FLRA No. 4 AMERICAN FEDERATION OF GOVERNMENT EMPLOYEES, LOCAL 1931, AFL-CIO Union and NAVAL WEAPONS STATION, CONCORD, CALIFORNIA Activity Case No. O-AR-30 DECISION ON MOTION FOR RECONSIDERATION THIS MATTER IS BEFORE THE AUTHORITY ON A MOTION FILED BY THE UNION FOR RECONSIDERATION OF THE AUTHORITY'S DECISION IN THE ABOVE-ENTITLED CASE. IN THIS CASE THE ARBITRATOR FOUND THAT THE ACTIVITY HAD VIOLATED THE PARTIES' COLLECTIVE BARGAINING AGREEMENT BY UNILATERALLY IMPOSING RESTRICTIONS ON THE UNION'S USE OF OFFICIAL TIME FOR REPRESENTATIONAL FUNCTIONS. AS A REMEDY, THE ARBITRATOR ORDERED THE ACTIVITY TO REIMBURSE THE UNION FOR ANY MONEY IT PAID TO UNION REPRESENTATIVES FOR THE TIME THEY SPENT ON REPRESENTATIONAL FUNCTIONS BEYOND WHAT THE ACTIVITY ALLOWED FOR THE PERIOD FEBRUARY 24, 1977 THROUGH DECEMBER 15, 1977. THE UNION FILED AN EXCEPTION TO THE AWARD, CONTENDING THAT IT WAS DEFICIENT BECAUSE THE ARBITRATOR LIMITED THE REMEDY TO THE PERIOD ENDING DECEMBER 15, 1977, THE DATE ON WHICH THE PARTIES' COLLECTIVE BARGAINING AGREEMENT HAD EXPIRED. THE UNION ARGUED THAT THE REMEDY SHOULD HAVE EXTENDED TO JANUARY 30, 1979, THE DATE ON WHICH THE FEDERAL SERVICE IMPASSES PANEL ISSUED A DECISION RESOLVING THE PARTIES' IMPASSE OVER THE OFFICIAL TIME PROVISIONS IN THEIR NEW COLLECTIVE BARGAINING AGREEMENT. THE AUTHORITY DETERMINED IN 4 FLRA NO. 4 (1980) THAT THE UNION'S EXCEPTION AND SUPPORTING ARGUMENTS PROVIDED NO BASIS FOR FINDING THE AWARD DEFICIENT. THE AUTHORITY REJECTED THE UNION'S CONTENTION THAT A PARTICULAR FEDERAL LABOR RELATIONS COUNCIL UNFAIR LABOR PRACTICE DECISION /1/ WAS APPLICABLE TO THE ARBITRATOR'S AWARD WHICH FASHIONED A REMEDY FOR THE PARTICULAR CONTRACT VIOLATION FOUND BY THE ARBITRATOR. INSTEAD, THE AUTHORITY FOUND THAT THE UNION WAS DISAGREEING WITH THE REASONING EMPLOYED BY THE ARBITRATOR IN ARRIVING AT A REMEDY IN THE SPECIFIC CIRCUMSTANCES OF THE CASE BEFORE HIM AND THAT SUCH DISAGREEMENT PROVIDED NO BASIS FOR FINDING AN AWARD DEFICIENT. IN ITS MOTION FOR RECONSIDERATION, THE UNION "TAKES EXCEPTION TO THE CONCLUSION REACHED BY THE ARBITRATOR" WHICH LIMITED THE REMEDY SOUGHT BY THE UNION AND CITES TWO AUTHORITY DECISIONS IN WHICH THE AUTHORITY AFFIRMED ADMINISTRATIVE LAW JUDGES' FINDINGS OF UNFAIR LABOR PRACTICES. /2/ HOWEVER, THE SUBSTANCE OF THE ARGUMENT SET FORTH BY THE UNION IN ITS MOTION FOR RECONSIDERATION IS PRECISELY THE SAME ARGUMENT THE AUTHORITY REJECTED IN DENYING THE UNION'S EXCEPTION IN 4 FLRA NO. 4. THUS, THE UNION IS DISAGREEING WITH THE REASONING EMPLOYED BY THE ARBITRATOR IN FASHIONING A REMEDY FOR THE PARTICULAR CONTRACT VIOLATION HE FOUND AND NEITHER OF THE TWO AUTHORITY DECISIONS CITED BY THE UNION PROVIDES A BASIS FOR NOW REACHING A CONTRARY RESULT FROM THAT REACHED IN 4 FLRA NO. 4. THUS, THE UNION IN ITS MOTION FOR RECONSIDERATION HAS NOT RAISED ANY MATTER NOT PREVIOUSLY CONSIDERED AND CORRECTLY DECIDED BY THE AUTHORITY AND HAS NOT PRESENTED ANY OTHER PERSUASIVE REASONS TO WARRANT REOPENING OR RECONSIDERING THE DECISION IN THIS CASE. ACCORDINGLY, THE UNION'S MOTION FOR RECONSIDERATION 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/ THE UNION CITED INTERNAL REVENUE SERVICE, OGDEN SERVICE CENTER, ET AL. AND THE NATIONAL TREASURY EMPLOYEES UNION, ET AL., 6 FLRC 310 (MAR. 17, 1978). /2/ THE UNION CITES DEPARTMENT OF THE AIR FORCE, 35TH COMBAT SUPPORT GROUP (TAC), GEORGE AIR FORCE BASE, CALIFORNIA AND NATIONAL FEDERATION OF FEDERAL EMPLOYEES, LOCAL 977, 4 FLRA NO. 5 (1980) AND DEPARTMENT OF DEFENSE, DEPARTMENT OF THE NAVY, NAVAL ORDNANCE STATION LOUISVILLE, KENTUCKY AND LOCAL LODGE 830, INTERNATIONAL ASSOCIATION OF MACHINISTS AND AEROSPACE WORKERS, AFL-CIO, 4 FLRA NO. 100 (1980).