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60 FLRA No. 64
U. S. Dept. of Defense, Defense Contract Audit Agency, Irving, Texas and AFGE, Local 3529 (Barnard, Arbitrator) 0-AR-3830 (Decided September 30, 2004)
The Arbitrator sustained a grievance alleging that the Agency violated the parties' collective bargaining agreement by refusing to grant administrative leave to employees who were prevented from reporting to work because of a snowstorm.
The Authority noted that under section 2429 of its rules and regulation matters which are not presented at arbitration cannot be raised on appeal. In this regard, the Authority found no indication in the record that the Agency raised before the Arbitrator the arguments that Article 14, § 14.04(B), as interpreted and applied to require it to provide eight hours of administrative leave when it delayed opening a branch, violated its rights to assign work and to take action during emergencies under § 7106(a)(2)(B) and (D). The Authority dismissed the Agency's management rights exceptions and denied the other exception.