ML20056A762
| ML20056A762 | |
| Person / Time | |
|---|---|
| Site: | South Texas  |
| Issue date: | 07/06/1989 |
| From: | Tobias R NATIONAL TREASURY EMPLOYEES UNION |
| To: | Fox M NRC OFFICE OF PERSONNEL (OP) |
| Shared Package | |
| ML20056A757 | List: |
| References | |
| FOIA-89-540 NUDOCS 9008090164 | |
| Download: ML20056A762 (3) | |
Text
{{#Wiki_filter:L f cc, ow R" D The National Treasury Employees Union 3636 Executive Center Drive. Suite 201. Austin. Texas 787311617 = Voice i51213466520 FAX 1512134M341 M y_6, 1989 l Mr. Mike Fox Chief, Labor Relations Branch United States Nuclear Regulatory Commission -{ Washington, D.C. 20555 ~)
Dear Mr. Fox:
The National Treasury Eniployees Union invokes arbitration 'in' the matter of the 15 day suspension of James Kelly,' final decision letter received June 26, 1989 If you have any questions in this matter please call Walter E. Dresslar at (512)346-6520. Sincerely,. \\ h Robert M. Tobias National President k bf:0516w cc: James Thomas ? 'l President, NTEU Chapter 208 [ CERTIFIED MAIL NO. P 963 106 870 REnlRN RETIPT REQUESTED 1 1 -l, 9008090164 900806 D PDR FOIA x CARDEB9-540 PDR I$ . l u , b, c m\\ C, g b l L-y -- j hy National Headquarters. Washington D.C. j
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I. / o Class Justification For Obtaining 4 3 rbitrators Using Other Then Open And Fu H Competition 5 U.S.C. Chapter 71, Labor - Management Relations, provides that an agency and l a union trat constitutes an exclusive representative of that agency's employees, are mutually obligated to bargain with respxt to conditions of employment, Chapter 7L further provides that any collective bargaining agreement shall include procedures 1) that provide for the settlement of grievances and 2) provide that any grievance not satisfactorily settled shall be subject to binding arbitration which may be invoked by either the exclusive representative _or the agt ey. In-accordance with 5 U.S.C. 71. NRC and its exclusive representative, the National Treasury Employees Urion (NTEU) have negotiated a collective r bargaining agreement which includes a grievance procedure and a method of-l invoking binding arbitration and selecting an arbitrator. When arbitration is~ invoked by either party, a list of seven arbitrators is provided by the Federal Mediation and Conciliation Service (FMCS) at the request of the parties. The FMCS maintains a comput w file of all persons who apply to serve as arbitrators. The computer provides an ability to select along certain basic criteria such as'whether an arbitrator is a member of the American Arbitrator Association and whether the arbitrator has Federal arbitration experience. Beyond such minimal criteria, however, there e ists no ability on the part of an. agency to provide selection criteria. . he FMCS T computer randomly selects seven arbitrators from the data bank that meet the minimal-criteria established by an agency request. Thus the agency often gets a completely different list of arbitrators each time a list is requested for a particular hearing. The list contains what is usually a widely diverse. group of arbitrators with-l wide ranging qualifications and experiences.- Price ranges charged.by. arbitrators are competitive, usually in the $400-5500- per day range in:today's market. l .-The two parties review-the list and the qualifications;of-the arbitrators referreo by FMCS in order to attempt to reach agreement on the arbitrator who possesses the necessary skills and experiences to hear the issues and a binding decision. If the parties can not_ agree, a procedure has been negotiated which forces agreement. Each party, in turn, strikesca name from t the list which it feels is not qualified to handle the case. The remaining name is selected as being. the qualified individual. - These procedures must, in accordance with law,. be negotiated between the parties. Therefore, as a result of this negotiation there is only one individual qualified to perform a specific arbitration. This determination meets the requirements for other than full and competition contained in FAR 6.302-1. ~I .}}