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56 FLRA No. 65
AFGE Council 214 and U.S. Department of the Air Force Air Force Materiel Command Wright-Patterson AFB, Ohio (Morgan, Arbitrator), 0-AR-3263 (Decided June 19, 2000)
The Arbitrator sustained the Agency's grievance alleging that certain full-time Union representatives were self-verifying their time and attendance reports in violation of the parties' collective bargaining agreement. The Authority found that the Union's exceptions failed to establish that the award was deficient.
The Authority found the Agency's grievance timely, noting that an arbitrator's determination as to procedural arbitrability may be found deficient only on grounds other than those that challenge the determination of procedural arbitrability itself. Here, the Union's exception directly challenged the Arbitrator's procedural arbitrability determination itself.
Additionally, the Authority held that the award was not contrary to regulation. The Authority noted that the Arbitrator's application of the DoD regulatory provision, as well as his use of the term "certification," was entirely appropriate. Lastly, the Authority rejected the allegation that the award failed to draw its essence from the agreement.