U.S. Army Reserve Personnel Center and American Federation of Government Employees, Local Union No. 900 (Authority decision, January 22, 1990)

Final FLRA decision. The Authority denies the union's exceptions to an arbitration award finding a grievance untimely. Under 5 U.S.C. § 7123(a)(1), an order involving an arbitral award is generally excluded from judicial review unless it involves an unfair labor practice under 5 U.S.C. § 7116. This decision does not decide an unfair labor practice.

Plain-English summary

An Army Reserve Personnel Center employee grieved the rating she received when applying for a Military Personnel Staffing Technician job. She had first discussed the rating informally with supervisors, then filed a formal grievance in December 1987. An arbitrator found that the grievance missed the labor agreement's filing deadline and did not reach its merits. The union argued that the agency violated several contract provisions and failed to bargain in good faith. The Authority found that these exceptions only disagreed with the arbitrator's procedural timeliness ruling and denied them.

Decision snapshot

• Authority: Arbitration exceptions under 5 U.S.C. § 7122(a).
• Outcome: Union's exceptions denied; grievance remains dismissed as untimely.
• Key point: Contract and bargaining claims did not overcome the arbitrator's procedural finding that the grievance was filed late.

Full text (FLRA public release)

[ v34 p500 ]
34:0500(82)AR

The decision of the Authority follows:

34 FLRA NO. 82

U.S. ARMY RESERVE PERSONNEL CENTER

and

AMERICAN FEDERATION OF GOVERNMENT EMPLOYEES LOCAL UNION NO. 900

0-AR-1662

DECISION

January 22, 1990

Before Chairman McKee and Members Talkin and Armendariz.

I. Statement of the Case

This matter is before the Authority on exceptions to the award of Arbitrator Josef Rohlik. A grievance was filed concerning the rating that the grievant received when she applied for a Military Personnel Staffing Technician position. The Arbitrator denied the grievance because it was not timely filed in accordance with time frames set forth in the parties' collective bargaining agreement.

The American Federation of Government Employees, Local Union No. 900 (the Union) filed exceptions under section 7122(a) of the Federal Service Labor - Management Relations Statute (the Statute). The U.S. Army Reserve Personnel Center (the Activity) did not file an opposition to the exceptions.

We conclude that the Union has not established that the Arbitrator's award is deficient on any of the grounds set forth in section 7122(a) of the Statute. Accordingly, we deny the Union's exceptions.

II. Background and Arbitrator's Award

The grievant applied for one of several Military Personnel Staffing Technician positions. On approximately [PAGE] September 9, 1987, the grievant received notification that she was rated highly qualified but was not included in the best qualified group. Dissatisfied with her rating, the grievant inquired informally about the rating in order for the Activity to correct what she felt was an obvious error.

From October 19 to November 12, 1987, the grievant had several informal meetings with her supervisors regarding the rating. The Activity informed the grievant that the rating was final.

The grievant filed a grievance on December 1, 1987, protesting the rating she received. The grievance was not resolved and was submitted to arbitration.

The Activity claimed the matter was not arbitrable because the grievance was filed untimely. The parties stipulated that the Arbitrator should decide the arbitrability question before proceeding with the hearing on the merits. Based on the testimony given at the hearing, the Arbitrator found that the grievance was untimely. Accordingly, the Arbitrator denied the grievance.

III. Exceptions

The Union contends that the award is deficient because the Activity violated five Articles of the parties' collective bargaining agreement and failed to bargain in good faith.

IV. Discussion

The Statute sets forth the grounds on which an arbitration award will be found deficient. Under section 7122(a), an award will be found deficient: (1) because it is contrary to any law, rule, or regulation; or (2) on other grounds similar to those applied by Federal courts in private sector labor relations cases.

The Union's exceptions that the Activity violated five Articles of the collective bargaining agreement and failed to bargain in good faith do not provide a basis for finding the Arbitrator's award deficient under the Statute. Rather, the exceptions constitute disagreement with the Arbitrator's ruling that the grievance was not timely filed and, therefore, was not procedurally arbitrable. Disagreement with an arbitrator's determination on the procedural arbitrability of a grievance provides no basis for finding an award deficient. See, for example, Department of the Air Force, Warner Robins Air Force Base and American Federation [PAGE 2] of Government Employees, Local 987, 32 FLRA 1081, 1082-83 (1988). Consequently, the Union's exceptions provide no basis for finding the award deficient.

V. Decision

The Union's exceptions are denied.