Click here to view the decision.
60 FLRA No. 92
AFGE, Council 215 and Social Security Administration, Office of Hearings and Appeals Falls Church, Virginia (Evans, Arbitrator) 0-AR-3833 (Decided November 30, 2004)
The Arbitrator found that one section of an agreement clarifying the parties' overtime procedures (clarification agreement) was unenforceable and that other certain sections of the clarification agreement, as well as certain sections of the parties' negotiated National Office of Hearings and Appeals Overtime Procedures (overtime agreement), were enforceable and were violated by the Agency. Accordingly, he sustained the grievance in part and denied it in part. The Authority denied the exceptions.
The Authority held that the award was not contrary to management's right to assign work under § 7106(a)(2)(B) of the Statute, nor contrary to § 7106(b)(3), or § 7116 of the Statute. Additionally, the Authority rejected the allegation that the award failed to draw its essence from the clarification and overtime agreements, or that it was based on a nonfact.