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56 FLRA No. 9
U.S. Dept. of Defense, Defense Logistics Agency, Defense Distribution Depot, Red River Texarkana, Texas and NAGE, Local R14-52 (Ruiz, Arbitrator), 0-AR-3192 (Decided February 29, 2000)
The Arbitrator sustained the Union's grievance,··___·· finding that the Agency violated the parties' collective bargaining agreement when it designated new bargaining unit positions for random drug testing. The Authority remanded the case to the Arbitrator for clarification of the basis of the award.
The Authority noted that a remand was required in this case to clarify whether the award was contrary to law. The Authority noted that it was unable to determine whether the Arbitrator's enforcement of Article XL was consistent with law because his construction of Article XL was susceptible to different interpretations. Specifically, the meaning of the Arbitrator's use of the phrase, "through Federal Court decisions," was unclear. However, the Authority rejected the allegation that the award failed draw its essence from the agreement, or that the Arbitrator exceeded his authority. Lastly, the Authority found no merit to the Agency's exception that the award violated the Back Pay Act.