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60 FLRA No. 137
U. S. Dept. of the Army, Womack Army Medical Center, Fort Bragg, North Carolina and AFGE, Local 1770 (Hoyman, Arbitrator) 0-AR-3873 (Decided March 10, 2005)
The Arbitrator initially determined that a grievance alleging that the Agency violated the parties' agreement by designating certain unit members as adverse weather essential personnel was arbitrable. On the merits, the Arbitrator sustained the grievance and found that the Agency violated the parties' agreement when it designated certain employees adverse weather essential. The Arbitrator ordered the Agency to rescind the affected employees' status as adverse weather essential and to make those employees whole. In addition, the Arbitrator stated that the Agency should not discipline employees for challenging the designation as adverse weather essential. The Authority denied the Agency's essence exception and set aside the award because it was contrary to management's right to assign work.