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61 FLRA No. 55
UNITED STATES DEPARTMENT OF THE TREASURY, IRS AND NTEU, CHAPTER 72 (Helburn, Arbitrator) Case No. 0-AR-3957 (September 29, 2005)
The Arbitrator sustained the Union's grievance alleging that the Agency violated the parties' collective bargaining agreement by releasing seasonal employees in the San Antonio office before releasing less senior seasonal employees in the Austin office. As a remedy, the Arbitrator awarded backpay. The Authority dismissed the Agency's contrary to law exception, and deny the remaining essence exception.
Under § 2429.5 of the Authority's Regulations, the Authority will not consider issues that could have been, but were not, presented to the arbitrator. The Authority found that the Agency's § 7106(a) management rights argument could and should have been presented to the Arbitrator, however, because it was not, it was now unable consider it. The Authority also rejected the Agency's essence exception.