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61 FLRA No. 67
U. S. DEPT. OF THE AIR FORCE, MINOT AIR FORCE BASE, ND AND AFGE, LOCAL 4046 (Strashun, Arbitrator) Case No. 0-AR-3939 (October 31, 2005)
The Arbitrator found that the Agency violated the parties' collective bargaining agreement when it failed to pay employees who were required to stay at the Agency's Missile Alert Facility during inclement weather. The Authority granted the Agency's exceptions in part and denied them in part.
The Authority rejected the arguments that the award failed to draw its essence from the parties' agreement, or that the Arbitrator exceeded her authority. Additionally, the Authority found that the Agency's § 7106(a) arguments were barred by § 2429.5 of its regulations. The Authority concluded that the Agency failed to raise before the Arbitrator any arguments regarding its rights under § 7106(a), or the Agency regulations reflecting the exercise of those rights.
The Authority also found that the remedy was contrary to law. It noted that the Arbitrator found the sole basis on which to award the grievants straight time pay was the Agency's violation of Article 20, Section (B)(1)(c). In so doing, the Arbitrator did not point to any statutory authorization for the payment. Accordingly, the Arbitrator's award of pay was found to be contrary to law.