Naval Ordnance Station, Louisville and International Association of Machinists and Aerospace Workers, Lodge No. 830 (Authority decision, January 7, 1983)

Final FLRA decision. The Authority upheld an arbitration ruling. 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 order does not address an unfair labor practice.

Plain-English summary

An arbitrator ruled that a Navy employee’s removal grievance was outside the parties’ negotiated grievance procedure because their agreement excluded matters with a statutory appeal route. The union argued that enactment of the federal labor statute had broadened the agreement to cover the removal. The Authority disagreed: the new statute did not automatically rewrite the older negotiated procedure. It denied the union’s exception and left the nonarbitrability ruling in place.

Decision snapshot

• Authority: Arbitration review under 5 U.S.C. § 7122(a).
• Outcome: Arbitrator’s nonarbitrability ruling upheld; union exception denied.
• Key point: A later statute did not automatically expand the grievance procedure in the existing agreement.

Full text (FLRA public release)

[ v11 p19 ]

11:0019(10)AR

The decision of the Authority follows:

11 FLRA No. 10

NAVAL ORDNANCE STATION,
LOUISVILLE, KENTUCKY
Activity

and

LODGE NO. 830,
INTERNATIONAL ASSOCIATION
OF MACHINISTS AND
AEROSPACE WORKERS
Union

Case No. O-AR-315

DECISION

This matter is before the Authority on an exception to the award of Arbitrator W. Scott Thomson 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 did not file an opposition.

The parties submitted to arbitration their dispute of whether a grievance pertaining to the grievant's removal /1/ was grievable and arbitrable under the terms of the parties' collective bargaining agreement, which agreement was negotiated under provisions of Executive Order No. 11491. /2/ The Arbitrator noted that matters for which a statutory appeals procedure existed were excluded from coverage of the negotiated grievance procedure. Because the Arbitrator determined the grievant's removal was clearly a matter for which a statutory appeals procedure existed within the meaning of the parties' agreement, he ruled that the grievance was not arbitrable.

In its exception the Union contends that the award is contrary to the Statute. Essentially, the Union argues that provisions of the Statute required the Arbitrator to find that after the enactment of the Statute grievances pertaining to removals were within the coverage of the parties' negotiated grievance procedure.

The Union's exception however provides no basis for finding the award deficient. Contrary to the assertion of the Union, it is clear that the enactment of the Statute did not operate to broaden the scope of the parties' negotiated grievance procedure so as to make the otherwise nonarbitrable matter involved in this case arbitrable. International Federation of Professional and Technical Engineers and Portsmouth Naval Shipyard, 8 FLRA No. 54 (1982). Accordingly, the Union's exception is denied. /3/ Issued, Washington, D.C., January 7, 1983 Ronald W. Haughton, Chairman Henry B. Frazier III, Member Leon B. Applewhaite, Member FEDERAL LABOR RELATIONS AUTHORITY

--------------- FOOTNOTES$ ---------------

/1/ It is not disputed that the grievant's removal is an action covered under 5 U.S.C. 7512.

/2/ Although the parties' collective bargaining agreement expired in 1977, provisions of the negotiated grievance procedure were required to be maintained to the extent not modified, terminated, or superseded in accordance with law. See U.S. Naval Station, Mayport, Florida and American Federation of Government Employees, Local 2010, AFL-CIO, 6 FLRA No. 26 (1981), at 4; Interpretation and Guidance, 2 FLRA 273, 277-78 (1979).

/3/ Although the issue has not been raised by the parties, the Authority confirms its jurisdiction to resolve the Union's exception. Because the submitted issue and the Arbitrator's award pertained solely to the question of whether the grievance in this case was grievable and arbitrable under the terms of the parties' collective bargaining agreement, it is not apparent that the award relates to a matter described in section 7121(f) of the Statute. See U.S. Immigration and Naturalization Service and American Federation of Government Employees, National Immigration and Naturalization Service Council, 6 FLRA No. 12 (1981), at 2.