[ v13 p538 ]
13:0538(90)CU
The decision of the Authority follows:
13 FLRA No. 90
PENNSYLVANIA AIR NATIONAL GUARD
Activity/Petitioner
and
PENNSYLVANIA STATE COUNCIL, ASSOCIATION
OF CIVILIAN TECHNICIANS, INC.
Labor Organization
Case No. 2-CU-20010
DECISION AND ORDER CLARIFYING UNIT
Upon a petition duly filed with the Federal Labor Relations Authority
under section 7111(b)(2) of the Federal Service Labor-Management
Relations Statute (the Statute), a hearing was held before a hearing
officer of the Authority. The hearing officer's rulings made at the
hearing are free from prejudicial error and are hereby affirmed.
Upon careful consideration of the entire record, including the
parties' contentions, the Authority finds: The Pennsylvania State
Council Association of Civilian Technicians, Inc. (ACT) was certified in
March 1973 as the exclusive bargaining representative for a unit of all
Wage Board and General Schedule Air National Guard Technicians employed
in the Commonwealth of Pennsylvania. Essentially, the petition herein
seeks to exclude numerous incumbents in 12 job classifications from the
unit on the basis that they are supervisors, management officials,
confidential employees or employees engaged in Federal personnel work in
other than a purely clerical capacity. /1/
SUPERVISORS /2/
The Activity/Petitioner contends that the employees in the job
classifications listed in the Appendix are supervisors and should be
excluded from the unit. The Authority finds that the above employees
are not supervisors within the meaning of section 7103(a)(10) of the
Statute as the record indicates that these employees do not exercise any
of the statutory indicia of supervisory authority. See Pennsylvania
Army National Guard, 8 FLRA No. 119 (1982).
MANAGEMENT OFFICIALS /3/
The Activity/Petitioner contends that the employees in the Appendix
are management officials and should be excluded from the unit. In the
lead case of Department of the Navy, Automatic Data Processing Selection
Office, 7 FLRA No. 24 (1981), the Authority interpreted the statutory
definition of "management official" to include those individuals who:
(1) create, establish or prescribe general principles, plans, or courses
of action for an agency; (2) decide upon or settle upon general
principles, plans or courses of action for an agency; or (3) bring
about or obtain a result as to the adoption of general principles;
plans or courses of action for an agency. Applying these criteria to
the instant case, the Authority finds that the employees listed in the
Appendix are not management officials and should continue to be included
in the bargaining unit. The record establishes that these employees are
highly trained individuals whose actions assist in implementing, as
opposed to shaping, the Activity's overall policies. Thus, the record
is clear that they do not exercise any duties or responsibilities which
require to authorize them to formulate, determine, or influence the
policies of the Activity within the meaning of section 7103(a)(11) of
the Statute. Accordingly, the Authority shall order that these
incumbents remain in the bargaining unit. See Pennsylvania Army
National Guard, 8 FLRA No. 119 (1982).
CONFIDENTIAL EMPLOYEES/PERSONNEL WORK IN OTHER THAN A
PURELY CLERICAL
CAPACITY
The Activity/Petitioner contends that Eleanor Shaver, EEO Clerical
Assistant (Typing), GS-303-05 is a confidential employee and/or an
employee engaged in personnel work in other than a purely clerical
capacity within the meaning of section 7112(b)(3) of the Statute; and
that she should be excluded from the recognized unit. In addition to
providing clerical support to the Equal Employment Opportunity
Specialist and Equal Employment Opportunity Officer, Shaver, as the
Activity's manager of the Hispanic Employment Program, among other
things; assists in recruitment efforts by traveling throughout Central
Pennsylvania meeting with individuals with Hispanic backgrounds in an
attempt to interest them in joining the technician program. Thus, the
Authority finds that Shaver is an employee engaged in personnel work in
other than a purely clerical capacity and that she must be excluded from
the unit. /4/
ORDER
IT IS ORDERED that the unit sought to be clarified herein be, and it
hereby is, clarified by continuing to include in said unit the employees
in the job classifications listed in the Appendix and by excluding from
said unit Eleanor Shaver, EEO Clerical Assistant, (Typing), GS-303-05.
Issued, Washington, D.C., December 22, 1983
Barbara J. Mahone, Chairman
Ronald W. Haughton, Member
Henry B. Frazier III, Member
FEDERAL LABOR RELATIONS AUTHORITY
APPENDIX
JOB CLASSIFICATIONS OF EMPLOYEES ALLEGED TO BE SUPERVISORS
AND
MANAGEMENT OFFICIALS
Flight Instructor, (Fixed Wing), GM-2181-13, F1430101
Flight Instructor, (Fixed Wing), GM-2181-13, F1453000
Flight Instructor, (Fixed Wing), GM-2181-13, 1454000
Navigator (Instructor, GM-2181-13, F1451000
Flight Instructor, (Fixed Wing), GM-2181-13, F1913100
Navigator (Instructor), GM-2181-12, F1452000
Navigator (Instructor), GM-2181-12, F1455000
Flight Instructor, (Fixed Wing), GM-2181-13, 1430100
Flight Instructor, (Fixed Wing), GM-2181-13, 1442000
Flight Instructor, (Fixed Wing), GM-2181-13, 1443000
Flight Instructor, (Fixed Wing), GM-2181-13, F1442000
HEADQUARTERS, U.S. ARMY TROOP
SUPPORT AND AVIATION MATERIEL
READINESS COMMAND
(Activity)
and
NATIONAL FEDERATION OF FEDERAL
EMPLOYEES, LOCAL 405
(Union)
Case No. 0-AR-264
DECISION
This matter is before the Authority on exceptions to the award of
Arbitrator Richard L. Ross filed by the Agency and 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 Agency and the 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 exceptions of both the Agency and the Union are
denied.
Issued, Washington, D.C., December 23, 1983
Barbara J. Mahone, Chairman
Ronald W. Haughton, Member
Henry B. Frazier III, Member
FEDERAL LABOR RELATIONS AUTHORITY
VETERANS ADMINISTRATION,
CENTRAL OFFICE
(Agency)
and
AMERICAN FEDERATION OF
GOVERNMENT EMPLOYEES,
LOCAL 17, AFL-CIO
(Union)
Case No. 0-AR-266
Decision
This matter is before the Authority on exceptions to the award of
Arbitrator Louis Aronin 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., December 23, 1983
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 1364
(Union)
and
HEADQUARTERS 7th COMBAT SUPPORT
GROUP (SAC), CARSWELL AFB, TEXAS
(Activity)
Case No. 0-AR-269
DECISION
This matter is before the Authority on exceptions to the award of
Arbitrator Harold H. Leeper 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., December 23, 1983
Barbara J. Mahone, Chairman
Ronald W. Haughton, Member
Henry B. Frazier III, Member
FEDERAL LABOR RELATIONS AUTHORITY
U.S. DEPARTMENT OF COMMERCE,
BUREAU OF THE CENSUS
(Activity)
and
AMERICAN FEDERATION OF GOVERNMENT
EMPLOYEES, LOCAL 2782, AFL-CIO
(Union)
Case No. 0-AR-271
DECISION
This matter is before the Authority on exceptions to the award of
Arbitrator Francis J. Robertson 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., December 23, 1983
Barbara J. Mahone, Chairman
Ronald W. Haughton, Member
Henry B. Frazier III, Member
FEDERAL LABOR RELATIONS AUTHORITY
LOCAL 1625, AMERICAN FEDERATION
OF GOVERNMENT EMPLOYEES, AFL-CIO
(Union)
and
NAVY EXCHANGE, NAVAL AMPHIBIOUS
BASE, LITTLE CREEK, NORFOLK, VIRGINIA
(Activity)
Case No. 0-AR-293
DECISION
This matter is before the Authority on exceptions to the award of
Arbitrator Jacob Seidenberg 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., December 23, 1983
Barbara J. Mahone, Chairman
Ronald W. Haughton, Member
Henry B. Frazier III, Member
FEDERAL LABOR RELATIONS AUTHORITY
DEPARTMENT OF HEALTH AND
HUMAN SERVICES, REGION IV,
ATLANTA, GEORGIA
(Activity)
and
NATIONAL TREASURY EMPLOYEES
UNION
(Union)
Case No. 0-AR-294
DECISION
This matter is before the Authority on exceptions to the award of
Arbitrator Michael J. Jedel 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., December 23, 1983
Barbara J. Mahone, Chairman
Ronald W. Haughton, Member
Henry B. Frazier III, Member
FEDERAL LABOR RELATIONS AUTHORITY
VETERANS ADMINISTRATION
HOSPITAL, MADISON,
WISCONSIN
(Activity)
and
AMERICAN FEDERATION OF
GOVERNMENT EMPLOYEES,
AFL-CIO, LOCAL 1732
(Union)
Case No. 0-AR-298
DECISION
This matter is before the Authority on exceptions to the award of
Arbitrator Earl J. Wyman 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., December 23, 1983
Barbara J. Mahone, Chairman
Ronald W. Haughton, Member
Henry B. Frazier III, Member
Federal Labor Relations Authority
EQUAL EMPLOYMENT
OPPORTUNITY COMMISSION
(Agency)
and
AMERICAN FEDERATION OF
GOVERNMENT EMPLOYEES
(Union)
Case No. 0-AR-305
DECISION
This matter is before the Authority on exceptions to the award of
Arbitrator Merton C. Bernstein 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., December 23, 1983
Barbara J. Mahone, Chairman
Ronald W. Haughton, Member
Henry B. Frazier III, Member
FEDERAL LABOR RELATIONS AUTHORITY
DEPARTMENT OF THE AIR FORCE,
SCOTT AIR FORCE BASE, ILLINOIS
(Activity)
and
NATIONAL ASSOCIATION OF GOVERNMENT
EMPLOYEES, LOCAL R7-23
(Union)
Case No. 0-AR-306
DECISION
This matter is before the Authority on exceptions to the award of
Arbitrator Raymond E. Roberts 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., December 23, 1983
Barbara J. Mahone, Chairman
Ronald W. Haughton, Member
Henry B. Frazier III, Member
FEDERAL LABOR RELATIONS AUTHORITY
OFFICE OF PROGRAM SERVICE CENTERS,
SOCIAL SECURITY ADMINISTRATION
BIRMINGHAM, ALABAMA
(Activity)
and
AMERICAN FEDERATION OF GOVERNMENT
EMPLOYEES, LOCAL 2206
(Union)
Case No. 0-AR-326
DECISION
This matter is before the Authority on exceptions to the award of
Arbitrator J. Thomas King filed by both the Activity and 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 Activity and the 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 Activity's and the Union's exceptions are denied.
Issued, Washington, D.C., December 23, 1983
Barbara J. Mahone, Chairman
Ronald W. Haughton, Member
Henry B. Frazier III, Member
FEDERAL LABOR RELATIONS AUTHORITY
NATIONAL UNION OF COMPLIANCE
OFFICERS
(Union)
and
U.S. DEPARTMENT OF LABOR,
LABOR-MANAGEMENT SERVICES
ADMINISTRATION
(Activity)
Case No. 0-AR-327
DECISION
This matter is before the Authority on exceptions to the award of
Arbitrator I. M. Lieberman 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., December 23, 1983
Barbara J. Mahone, Chairmen
Ronald W. Haughton, Member
Henry B. Frazier III, Member
FEDERAL LABOR RELATIONS AUTHORITY
NATIONAL TREASURY EMPLOYEES UNION,
LOCAL CHAPTER 165
(Union)
and
U.S. CUSTOMS SERVICE
SAN FRANCISCO REGION
(Activity)
Case No. 0-AR-329
DECISION
This matter is before the Authority on exceptions to the award of
Arbitrator Arnold O. Anderson 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., December 23, 1983
Barbara J. Mahone, Chairman
Ronald W. Haughton, Member
Henry B. Frazier III, Member
FEDERAL LABOR RELATIONS AUTHORITY
UNITED STATES AIR FORCE,
HEADQUARTERS 2750th AIR
BASE WING (AFLC)
(Activity)
and
AMERICAN FEDERATION OF GOVERNMENT
EMPLOYEES, AFL-CIO, LOCAL 1138
(Union)
Case No. 0-AR-330
DECISION
This matter is before the Authority on exceptions to the award of
Arbitrator Louis V. Imundo 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., December 23, 1983
Barbara J. Mahone, Chairman
Ronald W. Haughton, Member
Henry B. Frazier III, Member
Federal LABOR RELATIONS AUTHORITY
WESTERN AREA POWER
ADMINISTRATION
(Activity)
and
INTERNATIONAL BROTHERHOOD
OF ELECTRICAL WORKERS, LOCAL
UNION 640
(Union)
Case No. 0-AR-333
DECISION
This matter is before the Authority on exceptions to the award of
Arbitrator Donald Doughton 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., December 23, 1983
Barbara J. Mahone, Chairman
Ronald W. Haughton, Member
Henry B. Frazier III, Member
FEDERAL LABOR RELATIONS AUTHORITY
AMERICAN FEDERATION OF GOVERNMENT
EMPLOYEES, LOCAL 1138, AFL-CIO
(Union)
and
DEPARTMENT OF THE AIR FORCE,
HEADQUARTERS 2750th AIR BASE WING
(Activity)
Case nO. 0-AR-358
DECISION
This matter is before the Authority on exceptions to the award of
Arbitrator Louis V. Imundo, 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., December 23, 1983
Barbara J. Mahone, Chairman
Ronald w. Haughton, Member
Henry B. Frazier III, Member
FEDERAL LABOR RELATIONS AUTHORITY
AMERICAN FEDERATION OF
GOVERNMENT EMPLOYEES,
LOCAL 85, AFL-CIO
(Union)
and
VETERANS ADMINISTRATION
MEDICAL CENTER
(Activity)
Case No. 0-AR-373
DECISION
This matter is before the Authority on exceptions to the award of
Arbitrator John A. Zerboni 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., December 23, 1983
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. 0-AR-374
DECISION
This matter is before the Authority on exceptions to the award of
Arbitrator Eugene Mittleman 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., December 23, 1983
Barbara J. Mahone, Chairman
Ronald W. Haughton, Member
Henry B. Frazier III, Member
FEDERAL LABOR RELATIONS AUTHORITY
TIDEWATER VIRGINIA FEDERAL
EMPLOYEES METAL TRADES COUNCIL
(Union)
and
NORFOLK NAVAL SHIPYARD
(Activity)
Case No. 0-AR-383
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., December 23, 1983
Barbara J. Mahone, Chairman
Ronald W. Haughton, Member
Henry B. Frazier III, Member
FEDERAL LABOR RELATIONS AUTHORITY
DEPARTMENT OF DEFENSE
DEPENDENTS SCHOOLS,
KAISERSLAUTERN, WEST GERMANY
(Activity)
and
OVERSEAS EDUCATION
ASSOCIATION
(Union)
Case No. 0-AR-391
DECISION
This matter is before the Authority on exceptions to the award of
Arbitrator Arnold M. Zack 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., December 23, 1983
Barbara J. Mahone, Chairman
Ronald W. Haughton, Member
Henry B. Frazier III, Member
FEDERAL LABOR RELATIONS AUTHORITY
FLEET COMBAT TRAINING CENTER
ATLANTIC, DAM NECK, VIRGINIA
(Activity)
and
AMERICAN FEDERATION OF GOVERNMENT
EMPLOYEES, AFL-CIO, LOCAL 1625
(Union)
Case No. 0-AR-393
DECISION
This matter is before the Authority on exceptions to the award of
Arbitrator Eugene Mittelman 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., December 23, 1983
Barbara J. Mahone, Chairman
Ronald W. Haughton, Member
Henry B. Frazier III, Member
FEDERAL LABOR RELATIONS AUTHORITY
U.S. AIR FORCE LOGISTICS
COMMAND
(Activity)
and
AMERICAN FEDERATION OF
GOVERNMENT EMPLOYEES,
AFL-CIO, LOCAL 1138
(Union)
Case No. 0-AR-395
DECISION
This matter is before the Authority on exceptions to the award of
Arbitrator Marvin J. Feldman, 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. The Agency filed an
opposition.
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., December 23, 1983
Barbara J. Mahone, Chairman
Ronald W. Haughton, Member
Henry B. Frazier III, Member
FEDERAL LABOR RELATIONS AUTHORITY
GENERAL SERVICES ADMINISTRATIVE
REGION 3
(Activity)
and
AMERICAN FEDERATION OF GOVERNMENT
EMPLOYEES, LOCAL 2151
(Union)
Case No. 0-AR-396
DECISION
This matter is before the Authority on exceptions to the award of
Arbitrator Nicholas H. Zumas 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., December 23, 1983
Barbara J. Mahone, Chairman
Ronald W. Haughton, Member
Henry B. Frazier III, Member
FEDERAL LABOR RELATIONS AUTHORITY
VETERANS ADMINISTRATION
MEDICAL CENTER
(Activity)
and
NATIONAL ASSOCIATION OF
GOVERNMENT EMPLOYEES,
LOCAL R4-17
(Union)
Case No. 0-AR-401
DECISION
This matter is before the Authority on exceptions to the award of
Arbitrator C. Robert Roadley 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., December 23, 1983
Barbara J. Mahone, Chairman
Ronald W. Haughton, Member
Henry B. Frazier III, Member
FEDERAL LABOR RELATIONS AUTHORITY
U.S. MARINE CORPS LOGISTICS SUPPORT BASE
PACIFIC, BARSTOW, CALIFORNIA
(Activity)
and
AMERICAN FEDERATION OF GOVERNMENT
EMPLOYEES, LOCAL 1482,
BARSTOW, CALIFORNIA
(Union)
Case No. 0-AR-405
DECISION
This matter is before the Authority on an exception to the award of
Arbitrator William S. Rule 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 exception is denied.
Issued, Washington, D.C., December 23, 1983
Barbara J. Mahone, Chairman
Ronald W. Haughton, Member
Henry B. Frazier III, Member
FEDERAL LABOR RELATIONS AUTHORITY
NATIONAL FEDERATION OF
FEDERAL EMPLOYEES,
LOCAL 1263
(Union)
and
DEFENSE LANGUAGE INSTITUTE,
FOREIGN LANGUAGE CENTER,
PRESIDIO OF MONTEREY, CALIFORNIA
(Activity)
Case No. 0-AR-414
DECISION
This matter is before the Authority on exceptions to the award of
Arbitrator David A. Concepcion filed by the Union and 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
Union and the Agency filed oppositions.
Upon careful consideration of the entire record before the Authority,
the Authority concludes that the Union and the Agency 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 exceptions of both the Union and the Agency are
denied.
Issued, Washington, D.C., December 23, 1983
Barbara J. Mahone, Chairman
Ronald W. Haughton, Member
Henry B. Frazier III, Member
FEDERAL LABOR RELATIONS AUTHORITY
NATIONAL AERONAUTICS & SPACE
ADMINISTRATION, NASA - LEWIS
RESEARCH CENTER, CLEVELAND, OHIO
(Activity)
and
THE LEWIS ENGINEERS AND SCIENTISTS
ASSOCIATION, LOCAL UNION NO. 28
INTERNATIONAL FEDERATION OF
PROFESSIONAL AND TECHNICAL ENGINEERS,
AFL/CIO - CLC
(Union)
Case No. 0-AR-423
DECISION
This matter is before the Authority on exception to the award of
Arbitrator Phillp-Harold Marshall 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 exception is denied.
Issued, Washington, D.C., December 23, 1983
Barbara J. Mahone, Chairman
Ronald W. Haughton, Member
Henry B. Frazier III, Member
FEDERAL LABOR RELATIONS AUTHORITY
SMALL BUSINESS ADMINISTRATION
DENVER, COLORADO DISTRICT OFFICE
(Activity)
and
NATIONAL FEDERATION OF FEDERATION
EMPLOYEES, LOCAL 1851
(Union)
Case No. 0-AR-426
DECISION
This matter is before the Authority on exceptions to the award of
Arbitrator Walter A. Fogel 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., December 23, 1983
Barbara J. Mahone, Chairman
Ronald W. Haughton, Member
Henry B. Frazier III, Member
FEDERAL LABOR RELATIONS AUTHORITY
U.S. ARMY DEFENSE LANGUAGE
INSTITUTE, FOREIGN LANGUAGE CENTER
(Agency)
and
NATIONAL FEDERATION OF FEDERAL
EMPLOYEES, LOCAL 1263
(Union)
Case No. 0-AR-431
DECISION
This matter is before the Authority on exceptions to the award of
Arbitrator Grady L. Mullennix 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., December 23, 1983
Barbara J. Mahone, Chairman
Ronald W. Haughton, Member
Henry B. Frazier III, Member
FEDERAL LABOR RELATIONS AUTHORITY
U.S. DEPARTMENT OF AGRICULTURE,
ANIMAL AND PLANT HEALTH INSPECTION
SERVICE
(Activity)
and
NATIONAL ASSOCIATION OF AGRICULTURE
EMPLOYEES, LOCAL 19
(Union)
Case No. 0-AR-506
Decision
This matter is before the Authority on exceptions to the award of
Arbitrator C. Walter Roadley 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., December 23, 1983
Barbara J. Mahone, Chairman
Ronald W. Haughton, Member
Henry B. Frazier III, Member
FEDERAL LABOR RELATIONS AUTHORITY
U.S. IMMIGRATION AND
NATURALIZATION SERVICE
(Agency)
and
AMERICAN FEDERATION OF GOVERNMENT
EMPLOYEES, LOCAL 2455, NATIONAL
BORDER PATROL COUNCIL
(Union)
Case No. 0-AR-250
DECISION
This matter is before the Authority on exceptions to the award of
Arbitrator Ernest E. Marlatt 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., December 30, 1983
Barbara J. Mahone, Chairman
Ronald W. Haughton, Member
Henry B. Frazier III, Member
FEDERAL LABOR RELATIONS AUTHORITY
NASA LEWIS RESEARCH CENTER,
CLEVELAND, OHIO
(Activity)
and
THE LEWIS ENGINEERS AND
SCIENTIFIC ASSOCIATION,
LOCAL 28, INTERNATIONAL
FEDERATION OF PROFESSIONAL
AND TECHNICAL ENGINEERS
AFL-CIO-CLC
(Union)
Case No. 0-AR-279
DECISION
This matter is before the Authority on exceptions to the award of
Arbitrator Peter DiLeone 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., December 30, 1983
Barbara J. Mahone, Chairman
Ronald W. Haughton, Member
Henry B. Frazier III, Member
FEDERAL LABOR RELATIONS AUTHORITY
U.S.ARMY ENGINEER CENTER
AND FORT BELVOIR
(Agency)
and
AMERICAN FEDERATION OF GOVERNMENT
EMPLOYEES, LOCAL 1052
(Union)
Case No. 0-AR-313
DECISION
This matter is before the Authority on exceptions to the award of
Arbitrator William Feldesman 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., December 30, 1983
Barbara J. Mahone, Chairman
Ronald W. Haughton, Member
Henry B. Frazier III, Member
FEDERAL LABOR RELATIONS AUTHORITY
DEPARTMENT OF DEFENSE
DEPENDENTS SCHOOLS,
FRANKFORT, WEST GERMANY
(Activity)
and
Overseas Education
Association
(Union)
Case No. 0-AR-391
DECISION
This matter is before the Authority on exceptions to the award of
Arbitrator Arnold M. Zack 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., December 30, 1983
Barbara J. Mahone, Chairman
Ronald W. Haughton, Member
Henry B. Frazier III, Member
FEDERAL LABOR RELATIONS AUTHORITY
NAVAL WEAPONS STATION
CONCORD, CALIFORNIA
(Activity)
and
AMERICAN FEDERATION OF
GOVERNMENT EMPLOYEES,
LOCAL 1931
(Union)
Case No. 0-AR-410
DECISION
This matter is before the Authority on exceptions to the award of
Arbitrator Harvey Letter 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., December 30, 1983
Barbara J. Mahone, Chairman
Ronald W. Haughton, Member
Henry B. Frazier III, Member
FEDERAL LABOR RELATIONS AUTHORITY
--------------- FOOTNOTES$ ---------------
/1/ During the course of the hearing the parties stipulated that two
positions included in the original CU petition were now occupied by full
time military personnel and were therefore not in issue. This
stipulation is deemed a motion to amend the petition and is hereby
granted.
/2/ Section 7103(a)(10) of the Statute defines a "supervisor" as:
. . . an individual employed by an agency having authority in
the interest of the agency to hire, direct, assign, promote,
reward, transfer, furlough, layoff, recall, suspend, discipline,
or remove employees, to adjust their grievances, or to effectively
recommend such action, if the exercise of the authority is not
merely routine or clerical in nature but requires the consistent
exercise of independent judgment . . . .
/3/ Section 7103(a)(11) of the Statute defines a "management
official" as:
. . . an individual employed by an agency in a position the
duties and responsibilities of which require or authorize the
individual to formulate, determine, or influence the policies of
the agency . . . .
/4/ In view of the above determination, the Authority finds it
unnecessary to rule upon whether Shaver is also a confidential employee.