61 FLRA No. 13

U. S. DEPT. OF HOMELAND SECURITY, CUSTOMS AND BORDER PROTECTION AGENCY
NEW YORK, NEW YORK and AFGE , LOCAL 1917
(Kaplan, Arbitrator) 0-AR-3935 (June 30, 2005)

The grievance concerned the failure of CBP to comply with a provision of an agreement requiring CBP to provide ammunition to employees authorized to carry firearms for use in firearms qualification practice. The Arbitrator sustained the grievance and ordered CBP to provide the required ammunition. The Authority denied CPB's exceptions.

The Authority found that the Agency failed to establish that the grievance was not arbitrable. The Authority found that the award was not contrary to law, specifically management's right to determine its budget, and internal security practices  The Authority also rejected the allegation that the award failed to draw its essence from the parties' agreement.