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58 FLRA No. 66
U. S. Dept. of Justice, Federal Bureau of Prisons, Federal Correctional Complex Coleman, Florida and AFGE, Local 506 (Stern, Arbitrator), 0-AR-3465
The Agency argued that the award was contrary to various of the management rights established in § 7106 of the Statute. Where an agency asserts that an arbitrator's award violates management's rights, the Authority first determines whether the award affects management's rights. If it does, then the Authority applies the two-prong test set forth in BEP, 53 FLRA at 151-54, to determine if the award is deficient.
Examining the award under BEP, as modified by BOP, Oklahoma City, 58 FLRA 109, the Authority concluded that the Arbitrator's enforcement of Article 27 excessively interfered with management's rights to determine its internal security practices under § 7106(a)(1) and to assign work under § 7106(a)(2)(B) and does not constitute an appropriate arrangement under 7106(b)(3).