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B-180095 1 (1977-12-08)

handle is hein.gao/gaobadfjd0001 and id is 1 raw text is: U , -,I . r I V .- . .I N ----- r _,.. A, '4 '0 at 0 MATT DIGES 1. C) ~ ~ 4t , THE COMPTROLLER CENERAL . Op THE UNITED *TAT*ES WARHINGTON. D.C. 00549 lb 95 C¶70 DATE: December 8, 197T ER OF: Headquarters XVIII Airborne Corps and Fort Bragg - Recoupment of Union Dues - Arbitration Award T: Federal Labor Relations C',uncil seeks decision on whether arbitration award is valid which requires agency to pay union the amount that agency had deducted from periodic dues withholdings when it dis - covered it had failed to terminate dues withholding of an employee who had-been promoted outside bargaining unit. Arbitrator construed agreement as not permitting setoff but refused to consider relevant laws and regulations.that impact on agreement. Arbitrator's award is incon- sistent with applicable laws and regulations and may not be inplemented. The Federal Labor Relations Council (FLRC)has requested our decision as to whether an arbitration award violates applicable law. The American Federation of Government Employees has also requested that we decide this matter, The Federal Labor Relations Council has captioned the case Headquarters, XVIII Airborne Corps and Fort Bragg aid American Federation of Government Employees, 5cal 1770, AFL-C1O (Murphy, Arbitratnr), FLRC No. 7GA-i45. The iseup presented is whether, Where dues allotments had been rteoneously paid to the union, the agency was entitled to recover the same amount by setoff from a later dues allotments payment to the union. The facts in this case are not in dispute and may be summarized as follows. Mr. Robert A. Johnson, a Fort Bragg employee and a dues-paying member of Local 1770, was promoted out of the bargaining unit to a superviscry position on September 10, 1972. At that time, Mr. Johnoon's agency should have terminated his union dues allotment pursuant to 5 C.F.R. S 550. 322(c) which provides that: **** an agency shall discontinue paying an allotment whenTieallotter is * * * pro- moted within the agency outside the unit for which the labor organization has been accorded exclusive recognition * * *. (Emphasis added.) LL &I *DECISION PILE: B-1800 d -ii

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