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60 FLRA No. 115
National Labor Relations Board and General Counsel of the National Labor Relations Board and National Labor Relations Board Professional Association (Ross, Arbitrator) 0-AR-3834 (Decided January 14, 2005)
The Arbitrator found that the Agency violated the parties' agreements in its administration of a details program, and also violated the agreements and the Statute by denying the Union's request for certain information. The Authority found the challenged portions of the award deficient and set those portions aside.
The Authority found that the challenged portion of the award concerning administration of the details program was inconsistent with management's right to assign employees. The Authority also found that the portion of the award concerning the failure to provide data was contrary to § 7114(b)(4) of the Statute. The Authority found that the Union failed to establish a particularized need for the requested information. Consequently, the Arbitrator erred, as a matter of law, in finding that the Agency was required to furnish the information and we set aside that portion of the Arbitrator's award.