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56 FLRA No. 161
U.S. Department of Veterans Affairs Medical Center, Coatesville, Pennsylvania and NAGE, Local R3-35, (Dunn, Arbitrator), 0-AR-3258 (Decided November 30, 2000)
The Arbitrator first determined that the grievance was arbitrable because the grievant was a member of the bargaining unit. The Arbitrator based this conclusion on the decision of an Authority Regional Director in a representation proceeding involving the parties. The Arbitrator next determined that the Agency did not comply with the parties' agreement when it restricted the grievant from performing his duties in particular offices within the Agency. As a result, the Arbitrator ordered that the restriction imposed on the grievant be terminated.
The Authority concurred with the Arbitrator in that the grievance was arbitrable. The Authority noted that because there was a question as to the bargaining unit status of the grievant, the grievance was placed in abeyance pending the outcome of a unit clarification petition as permitted by Authority precedent. In the petition for unit clarification, the RD concluded that the grievant's position was within the bargaining unit represented by NAGE. Therefore, the Agency's exception alleging that the grievance was not arbitrable was denied.
Additionally, the Authority found that the award was not contrary to management's right to assign work under § 7106(a)(2)(B). The Authority applied its s framework for resolving exceptions alleging that an award violates management's rights under § 7106 of the Statute and concluded that the Arbitrator's award constituted a reconstruction of what management would have done if it had not violated Article 6 of the parties' agreement. The Authority also found that the award did not violate management's right to discipline under § 7106(a)(2)(a), nor management's right to determine its internal security practices under § 7106(a)(1).