National Association of Government Employees, Local R4-96 and Naval Weapons Station, Yorktown, Virginia (Authority decision, March 18, 1983)

Final FLRA decision. The Authority denied exceptions to an arbitration award under 5 U.S.C. § 7122. Judicial review of an arbitration order is generally excluded by 5 U.S.C. § 7123(a)(1) unless it involves an unfair labor practice under § 7118. This decision does not address an unfair labor practice.

Plain-English summary

A Yorktown Navy employee sought higher grade pay for duties she said she performed over about three years. The arbitrator denied the grievance because she had not performed all significant duties of the higher grade job and had waited too long to file. The union challenged the arbitrator's reasoning and agreement interpretation. The Authority found no reviewable defect and denied the exceptions.

Decision snapshot

• Authority: Arbitration exception review under 5 U.S.C. § 7122(a).
• Outcome: Union exceptions denied; grievance denial upheld.
• Key point: The exceptions disputed the arbitrator's factual findings and agreement reading.

Full text (FLRA public release)

[ v11 p690 ]
11:0690(116)AR

The decision of the Authority follows:

11 FLRA NO. 116

NATIONAL ASSOCIATION OF
GOVERNMENT EMPLOYEES,
LOCAL R4-96

Union

and

NAVAL WEAPONS STATION,
YORKTOWN, VIRGINIA

Activity

Case No. 0-AR-318

DECISION

This matter is before the Authority on exceptions to the award of Arbitrator Leonard H. Davidson 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. Upon careful consideration of the submissions in the record before the Authority, the Authority makes the following determinations.

The dispute involved a claim by the grievant that she had performed the duties of a higher grade position for approximately three years and that under the provision in the parties' collective bargaining agreement pertaining to the detailing of employees she was entitled to compensation at the higher pay level for that period of time. The Arbitrator found that the grievant did not perform all of the significant duties of the higher grade position and concluded that her claim was without merit. The Arbitrator further found that the grievance must be denied since the grievant had waited an unreasonable period of time before filing it. Accordingly, as his award, the Arbitrator denied the grievance.

The Union's assertions in support of its exceptions essentially constitute disagreement with the Arbitrator's reasoning, findings of fact and conclusions, and generally with his interpretation and application of the parties' agreement. 1 Consequently, the exceptions provide no [ v11 p 690 ] basis for finding the award deficient. See Department of Defense Dependents Schools and Overseas Education Association, 3 FLRA 888 (1980); Pearl Harbor Naval Shipyard and Hawaii Federal Employees Metal Trades Council, 10 FLRA No. 8 (1982); United States Immigration and Naturalization Service and American Federation of Government Employees (National Immigration and Naturalization Service Council), AFL - CIO, 10 FLRA No. 113 (1982).

Accordingly, the Union's exceptions are denied.

Issued, Washington, D.C., March 18, 1983

Ronald W. Haughton, Chairman

Henry B. Frazier III, Member

Leon B. Applewhaite, Member

FEDERAL LABOR RELATIONS AUTHORITY

[ v11 p 691 ]

FOOTNOTES

Footnote 1 The Union also contends that the
Arbitrator exceeded his authority in finding that the grievance was time barred. However, with no submission agreement precluding the Arbitrator from addressing this issue, this argument is without merit. San Antonio Air Logistics Center, Kelly Air Force Base, San Antonio, Texas and American Federation of Government Employees, AFL-CIO, Local 1617, 9 FLRA No. 44 (1982).