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61 FLRA No. 150
U. S. DEPT. OF HOMELAND SECURITY, U.S. CUSTOMS AND BORDER PROTECTION,
EL PASO, TEXAS and AFGE, NATIONAL BORDER PATROL COUNCIL,
LOCAL 1929 (Marks-Barnett, Arbitrator) Case No. 0-AR-3986
(September 11, 2006)
The Arbitrator concluded that the grievance was arbitrable and that the Agency violated the parties' collective bargaining agreement by informing a Union representative on official time for part of the day that he could not claim that day as an excludable day for purposes of computing the individual's Administrative Uncontrollable Overtime entitlement. The Authority rejected the allegations that the award was contrary to law, that it failed to draw its essence from the agreement, that it was based on a nonfact or that the Arbitrator exceeded her authority and denied the Agency's exceptions.