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56 FLRA No. 80
AFGE, AFL-CIO, Local 3824 and U.S. Department of Energy, Western Area Power Administration Golden, Colorado (Linn, Arbitrator), 0-AR-3289 (Decided July 28, 2000)
The Arbitrator denied a grievance challenging the directed reassignment of a grievant. In this case, the Authority concluded that the Union failed to establish that the award was deficient. After this arbitration award issued, the Authority found, in an unfair labor practice case, that the Agency violated section 7116(a)(1) and (5) of the Statute by failing to provide the Union with prior notice and an opportunity to bargain over the impact and implementation of the reassignment. To remedy the violation, the Authority ordered the Agency to rescind the reassignment of the grievant and to offer him reinstatement to the position he occupied prior to the directed reassignment. In addition, the Authority directed the Agency to notify the Union of any intent to direct the reassignment of the grievant and, upon request, negotiate over the impact and implementation of that reassignment.
The Authority found no merit to the Union's contention that, because of the unfair labor practice, the Arbitrator erred in concluding that the directed reassignment of the grievant in this case was for legitimate managerial reasons. The Authority added that this contention was based on a misinterpretation of the Authority's decision in the unfair labor practice case. The Authority noted that the dispute in that case did not concern the legitimacy of the managerial reasons for the directed reassignment of the grievant. Rather, the dispute concerned the Agency's obligation to provide the Union with prior notice of its intent to reassign the grievant and an opportunity to bargain over the impact and implementation of the decision. Thus, the Authority concluded that its determination in the ULP proceedings was immaterial to the analysis relating to the award in this case.