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61 FLRA No. 142
U. S. DEPT. OF VETERANS AFFAIRS, WEST PALM BEACH VA MEDICAL CENTER, WEST PALM BEACH, FL and AFGE, LOCAL 507 (Goldberg, Arbitrator), Case No. 0-AR-4064 (August 30, 2006)
The grievance concerned an Agency requirement that Union representatives report in person to their supervisors before leaving their worksites to use official time for representational activities. The Arbitrator sustained the grievance, finding that the requirement was not enforceable under the parties' collective bargaining agreement. The Authority denied the Agency's exceptions.
The Authority found that the award was not contrary to law. The Authority noted that when resolving exceptions alleging that an award violates management's rights under § 7106 of the Statute, it first determines whether the award affects a management right under § 7106(a). If it does, then it applies the framework established in BEP, 53 FLRA 146. Under prong I of BEP, the Authority examines whether the award provides a remedy for a violation of either an applicable law, within the meaning of § 7106(a)(2) of the Statute, or a provision of the agreement that was negotiated pursuant to § 7106(b) of the Statute. Under prong II, the Authority considers whether the arbitrator's remedy reflects a reconstruction of what management would have done if it had not violated the law or provision in the agreement at issue. Applying the foregoing, the Authority found that the Agency's exception failed to demonstrate that the award affected management's right to assign work. The Authority also rejected the allegations that the award failed to draw its essence from the agreement, or that the Arbitrator exceed his authority.