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56 FLRA No. 178
AFGE, Local 3137 and Dept. of Agriculture, U.S. Forest Service, Albuquerque, New Mexico, Case No. CA-CO-90649 (Decided December 27,2000)
The complaint alleged that the Respondent violated section 7116(b)(5) of the Federal Service Labor-Management Relations Statute by failing to comply with Article 13, Section E of the parties' collective bargaining agreement by refusing to pay its share of arbitration expenses for a grievance involving a unit employee. Article 13, Section E of the parties' agreement provided that the arbitrator's fee and the expenses of the arbitration, if any, would be borne equally by Management and the Union.
At the hearing, the General Counsel argued that the Respondent's actions constituted a repudiation of Article 13, Section E. The Judge, however, found that the Respondent did not repudiate this provision of the parties' collective agreement because, in his view, its actions were consistent with a reasonable interpretation of a side agreement entered into by the Arbitrator, the Union and the grievant. The Judge, therefore, recommended that the complaint be dismissed. The Authority adopted the Judge's findings, conclusions and recommended Order and dismissed the complaint.