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60 FLRA No. 5
NAGE, Local R4-27 and U. S. Dept. of Defense, Defense Commissary Agency Fort Lee, Virginia (Gray, Arbitrator) 0-AR-3780 (Decided June 17, 2004)
The Arbitrator found that the Agency did not violate the Privacy Act, 5 U.S.C. § 552a, by attempting to contact the grievant's medical provider to discuss the flexibility of the grievant's medically proposed work schedule. The Arbitrator ordered the parties to split the arbitration fees.
The Authority denied the Union's exception and the Agency's cross-exception. The Authority found that the award was not contrary to the Privacy Act, nor that it failed to draw its essence from the parties' agreement.