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57 FLRA No. 13
AFGE, Local 3631 and U.S. Environmental Protection Agency, Region III (Bloom, Arbitrator), 0-AR-3357 (Decided March 30, 2001)
The Arbitrator denied a grievance alleging that the Agency violated the parties' collective bargaining agreement when it refused to approve the grievant's request for advanced sick leave and refused to sign the grievant's application for leave to the Agency's Leave Bank Board. The Union argued that the award was contrary to the law. The Authority denied this exception.
The Union argued that the award was contrary to the Voluntary Leave Bank Program. In particular, the Union maintained that under 5 U.S.C. § 6364(b)(1), the Leave Bank Board was required to review and approve applications to the leave bank under § 6367. The Union further maintained that pursuant to 5 C.F.R. § 630.1007, the Leave Bank Board was required to provide timely written notification of the action taken on an application and, if the application was not approved, the reasons for disapproval. According to the Union, the Leave Bank Board failed to properly review the grievant's application, the Union, therefore, claimed that the award was contrary to law and regulation.
The Authority noted that law, Government-wide regulations and Agency policies and procedures provide supervisors with discretion to either approve or disapprove leave. Such policies and procedures also require supervisors to indicate whether the sick leave requested on a leave bank application has been approved. Viewed in the context of applicable statutory and regulatory provisions, the requirement that such information be provided to the Leave Bank Board was not unreasonable and, therefore, was consistent with § 6367(a)(2)(D). Therefore, the Authority concluded that the Arbitrator's determination that the Agency's reliance on its various leave procedures was acceptable and did not violate the collective bargaining agreement, was not contrary to law.