Naval Air Station Oceana and Tidewater Virginia Federal Employees Metal Trades Council (Authority decision, September 7, 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 found timely a grievance over environmental differential pay at Naval Air Station Oceana. The Navy challenged only that arbitrability ruling. The Authority found its exceptions disputed the arbitrator’s reading of the agreement’s filing limits and denied them.

Decision snapshot

• Authority: 5 U.S.C. § 7122(a).
• Outcome: Agency exceptions denied; timely-filing award upheld.
• Key point: A disagreement over contract filing rules did not establish a deficient award.

Full text (FLRA public release)

[ v10 p20 ]

10:0020(6)AR

The decision of the Authority follows:

10 FLRA No. 6

NAVAL AIR STATION,
OCEANA
Activity

and

TIDEWATER VIRGINIA FEDERAL
EMPLOYEES METAL TRADES
COUNCIL, AFL-CIO
Union

Case No. O-AR-352

DECISION

THIS MATTER IS BEFORE THE AUTHORITY ON EXCEPTIONS TO THE AWARD OF
ARBITRATOR ROBERT J. ABLES FILED BY THE AGENCY 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 UNION DID NOT
FILE AN OPPOSITION.

THE PARTIES SUBMITTED TO THE ARBITRATOR A GRIEVANCE CONCERNING THE
ENTITLEMENT TO ENVIRONMENTAL DIFFERENTIAL PAY WHICH THE ACTIVITY CLAIMED
HAD NOT BEEN TIMELY FILED IN ACCORDANCE WITH THE TIME LIMITATIONS OF THE
PARTIES' COLLECTIVE BARGAINING AGREEMENT. THE ARBITRATOR'S AWARD WITH
RESPECT TO THE ACTIVITY'S CLAIM WAS THAT THE GRIEVANCE HAD BEEN TIMELY
FILED UNDER THE TERMS OF THE AGREEMENT.

THE AGENCY HAS ONLY FILED EXCEPTIONS TO THE PORTION OF THE AWARD
FINDING THE GRIEVANCE ARBITRABLE AS TIMELY FILED UNDER THE TERMS OF THE
PARTIES' COLLECTIVE BARGAINING AGREEMENT. IN ITS EXCEPTIONS THE AGENCY
CONTENDS THAT IN FINDING THE GRIEVANCE TIMELY FILED, THE ARBITRATOR
EXCEEDED HIS AUTHORITY AND THE AWARD FAILS TO DRAW ITS ESSENCE FROM THE
AGREEMENT. HOWEVER, THE AGENCY'S EXCEPTIONS CONSTITUTE NOTHING MORE
THAN DISAGREEMENT WITH THE ARBITRATOR'S FINDING AND CONCLUSION THAT THE
GRIEVANCE WAS ARBITRABLE BECAUSE THE GRIEVANTS HAD COMPLIED WITH THE
PROCEDURAL REQUIREMENTS OF THE PARTIES' COLLECTIVE BARGAINING AGREEMENT.
IT IS WELL SETTLED THAT DISAGREEMENT WITH AN ARBITRATOR'S DETERMINATION
WITH RESPECT TO THE PROCEDURAL ARBITRABILITY OF A GRIEVANCE PROVIDES NO
BASIS FOR FINDING AN AWARD DEFICIENT. E.G., HARRY S. TRUMAN MEMORIAL
VETERANS HOSPITAL, COLUMBIA, MISSOURI AND AMERICAN FEDERATION OF
GOVERNMENT EMPLOYEES, AFL-CIO, LOCAL 3399, COLUMBIA, MISSOURI, 6 FLRA
NO. 102(1981); UNITED STATES ENVIRONMENTAL PROTECTION AGENCY, REGION
IV, ATLANTA GEORGIA AND NATIONAL FEDERATION OF FEDERAL EMPLOYEES, LOCAL
1907, 5 FLRA NO. 36(1981). ACCORDINGLY, THE AGENCY'S EXCEPTIONS ARE
DENIED.

ISSUED, WASHINGTON, D.C., SEPTEMBER 7, 1982

RONALD W. HAUGHTON, CHAIRMAN

HENRY B. FRAZIER III, MEMBER

LEON B. APPLEWHAITE, MEMBER

FEDERAL LABOR RELATIONS AUTHORITY