AFGE, Local 3090 v. FLRA

AFGE, Local 3090 v. FLRA

Opinion

 [*752]  GREENE, District Judge:

Petitioner American Federation of Government Employees (AFGE) seeks review of a dismissal by the Federal Labor Relations Authority (FLRA) of an unfair labor practice complaint initiated by AFGE against a federal agency on account of that agency's refusal to comply with an arbitrator's award. The Authority had filed exceptions to the arbitrator's decision but it had neither sought nor obtained a stay of [**2]  that decision. We agree with petitioner that, absent a stay, the Authority was obligated to comply with the arbitration decision, and that the dismissal of the unfair labor practice complaint was improper.

The facts are undisputed. ² In March, 1981, officials of the United States Soldiers' Home and Airmen's Home (Home) suspended, and then fired, a nursing assistant who had been accused of mistreating patients. Petitioner AFGE, the employee's bargaining representative, grieved the employee's suspension and discharge. The grievance was submitted to arbitration under the terms of the collective bargaining agreement between petitioner and the Home. After extensive hearings and briefing, the arbitrator, on March 25, 1982, issued an opinion and order sustaining the grievance and ordering the grievant reinstated, with backpay, within ten days of the order.

On April 22, 1982, the Home [**3]  timely ³ [**4]  filed with the FLRA exceptions to the arbitrator's award in accordance with Title VII of the Civil Service Reform Act. ⁴ However,  [*753]  notwithstanding FLRA regulations codified in ] 5 C.F.R. § 2429.8 which specify that the filing of exceptions does not, by itself, stay an arbitration award, ⁵ the Home neither requested a stay of the arbitration award nor did it comply with the award.

 [**5]  Three weeks later, when it had become apparent that the Home would not comply, the union filed an unfair labor practice charge against the Home with the FLRA. ⁶ The charge alleged that the Home's refusal violated 5 U.S.C. § 7122(b) which requires government agencies to comply with final arbitration awards, ⁷ and that this violation constituted an unfair labor practice within the meaning of 5 U.S.C. §§ 7116(a)(1), (8). ⁸ On July 29, 1982, the FLRA General Counsel issued an unfair labor practice complaint based on the charge, and the case was assigned to an Administrative Law Judge for the issuance of a recommended decision and order.

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