AFGE Local 1857 and Sacramento Air Logistics Center (Authority decision, August 16, 1982)

Final FLRA decision. The Authority resolves exceptions to an arbitral award under 5 U.S.C. § 7122. Judicial review under 5 U.S.C. § 7123(a)(1) generally does not extend to orders involving arbitral awards unless an order involves an unfair labor practice under § 7116. This order does not decide an unfair labor practice.

Plain-English summary

An arbitrator denied environmental differential pay for work involving aircraft fuel tanks and chemicals, finding that the cited categories did not apply or that protective measures had practically eliminated the hazard. The union challenged the denial for chemical exposure as contrary to personnel guidance and based on a nonfact. The Authority held that the union had not shown either defect and denied the exceptions.

Decision snapshot

• Authority: 5 U.S.C. § 7122(a).
• Outcome: Union exceptions denied; differential-pay denial upheld.
• Key point: Local work conditions could be assessed in arbitration under the personnel guidance.

Full text (FLRA public release)

[ v09 p922 ]

09:0922(128)AR

The decision of the Authority follows:

9 FLRA No. 128

AMERICAN FEDERATION OF
GOVERNMENT EMPLOYEES,
AFL-CIO, LOCAL 1857
Union

and

SACRAMENTO AIR LOGISTICS
CENTER, MCCLELLAN AIR FORCE
BASE, CALIFORNIA
Activity

Case No. O-AR-220

DECISION

THIS MATTER IS BEFORE THE AUTHORITY ON EXCEPTIONS TO THE AWARD OF
ARBITRATOR LEO V. KILLION 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. THE AGENCY FILED AN
OPPOSITION.

THE PARTIES IN THIS CASE SUBMITTED TO ARBITRATION THE ISSUE OF
WHETHER THE WORK PERFORMED BY EMPLOYEES IN THE VARIOUS WORK PROCESSES
OF
THE ACTIVITY'S FUEL TEST AREA WARRANTED THE PAYMENT OF AN ENVIRONMENTAL
DIFFERENTIAL UNDER CATEGORY 4 (POISONS (TOXIC CHEMICALS)-- HIGH DEGREE
HAZARD) OR CATEGORY 5 (POISONS (TOXIC CHEMICALS)-- LOW DEGREE HAZARD) OR
UNDER CATEGORY 9 (WORK IN FUEL STORAGE TANKS) OF APPENDIX J, PART II OF
FEDERAL PERSONNEL MANUAL SUPPLEMENT 532-1. AFTER REVIEWING ALL OF THE
EVIDENCE, THE ARBITRATOR DETERMINED THAT THE WORK PERFORMED DID NOT
WARRANT THE PAYMENT OF AN ENVIRONMENTAL DIFFERENTIAL. WITH RESPECT TO
CATEGORY 9, THE ARBITRATOR DETERMINED THAT THE WORK IN AN AIRCRAFT FUEL
TANK DID NOT FIT THE DESCRIPTION OF A FUEL STORAGE TANK. WITH RESPECT
TO CATEGORY 4 AND CATEGORY 5, THE ARBITRATOR DETERMINED THAT THE
EMPLOYEES DID NOT WORK WITH TOXIC CHEMICALS WITHIN THE MEANING OF THESE
CATEGORIES. MOREOVER, HE DETERMINED THAT IN ANY EVENT AN ENVIRONMENTAL
DIFFERENTIAL WAS NOT WARRANTED UNDER THESE CATEGORIES BECAUSE THE
POTENTIAL FOR INJURY HAD BEEN PRACTICALLY ELIMINATED BY PROTECTIVE
DEVICES AND/OR SAFETY MEASURES. ACCORDINGLY, AS HIS AWARD THE
ARBITRATOR DENIED THE GRIEVANCE REQUESTING ENVIRONMENTAL DIFFERENTIAL
PAY.

IN ITS EXCEPTIONS THE UNION CONTENDS THAT THE AWARD IS DEFICIENT TO
THE EXTENT IT DENIES AN ENVIRONMENTAL DIFFERENTIAL UNDER EITHER CATEGORY
4 OR CATEGORY 5 FOR EXPOSURE TO TOXIC CHEMICALS. SPECIFICALLY, THE
UNION CONTENDS THAT THE AWARD IN THIS RESPECT IS CONTRARY TO FPM
SUPPLEMENT 532-1 AND IS BASED ON A NONFACT. THE UNION ARGUES THAT THE
ARBITRATOR ERRONEOUSLY FOUND THAT THE EMPLOYEES DID NOT WORK WITH TOXIC
CHEMICALS WITHIN THE MEANING OF APPENDIX J AND ERRONEOUSLY CONCLUDED
THAT AN ENVIRONMENTAL DIFFERENTIAL FOR EXPOSURE TO TOXIC CHEMICALS WAS
NOT WARRANTED UNDER FPM SUPPLEMENT 532-1.

THE UNION'S EXCEPTIONS PROVIDE NO BASIS FOR FINDING THE AWARD
DEFICIENT. IT IS WELL ESTABLISHED THAT THE SPECIFIC WORK SITUATIONS FOR
WHICH AN ENVIRONMENTAL DIFFERENTIAL IS PAYABLE ARE LEFT TO LOCAL
DETERMINATION, INCLUDING ARBITRATION. E.G., NAVAL WEAPONS STATION,
YORKTOWN, VIRGINIA AND NATIONAL ASSOCIATION OF GOVERNMENT EMPLOYEES,
LOCAL R4-1, 6 FLRA NO. 47(1981); VETERANS ADMINISTRATION MEDICAL
CENTER, FORT HOWARD AND AMERICAN FEDERATION OF GOVERNMENT EMPLOYEES,
AFL-CIO, LOCAL 2146, 5 FLRA NO. 31(1981). IN THIS CASE THE ARBITRATOR
FOUND AS TO THE DISPUTED LOCAL WORK SITUATIONS THAT THE PAYMENT OF AN
ENVIRONMENTAL DIFFERENTIAL WAS NOT WARRANTED UNDER FPM SUPPLEMENT 532-1.
THUS, THE UNION'S EXCEPTIONS DO NOT ESTABLISH THAT THE AWARD IS
CONTRARY TO FPM SUPPLEMENT 532-1 OR IS BASED ON A NONFACT. ACCORDINGLY,
THE EXCEPTIONS ARE DENIED.

ISSUED WASHINGTON, D.C., AUGUST 16, 1982

RONALD W. HAUGHTON, CHAIRMAN

HENRY B. FRAZIER III, MEMBER

LEON B. APPLEWHAITE, MEMBER

FEDERAL LABOR RELATIONS AUTHORITY