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60 FLRA No. 167
NTEU, CHAPTER 143 AND U. S. DEPT. OF HOMELAND SECURITY BUREAU OF CUSTOMS AND BORDER PROTECTION, PORT OF EL PASO, EL PASO, TEXAS, 0-AR-3883 (Decided May 16, 2005)
The Arbitrator denied a grievance alleging that the Agency violated § 7116(a)(1) and (5) of the Statute and provisions of the parties' national collective bargaining agreement when it refused to bargain over the impact and implementation of changes in the length of bridge assignments and regular days off (RDOs) at the Port of El Paso. The Authority denied the exceptions.
The dispute concerned whether the Agency had an obligation to bargain at the local level with respect to a change in local conditions of employment concerning the length of bridge assignments and the scheme of RDOs. As his award, the Arbitrator concluded that the Agency had no obligation to bargain at the local level. The Authority found that the award was not contrary to 5 U.S.C. §§ 7116(a)(1) and (5), and 7118. The Authority also rejected the allegations that the award failed to draw its essence from the agreement, that the arbitrator exceeded his authority, or that it was based on a nonfact.