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55 FLRA No. 210
U.S. Department of Defense, Defense Logistics Agency, Defense Distribution Center New Cumberland, Pennsylvania and American Federation of Government Employees, Local 2004 ( Caldwell, Arbitrator), 0-AR-3212 (Decided January 31, 2000)
The Arbitrator sustained a grievance alleging that the Agency violated Article 31, Section 13 of the parties' collective bargaining agreement by refusing to negotiate on proposed competitive areas and ordered the Agency to implement those competitive areas. The Authority concluded that the Agency failed to establish that the award was deficient on any of the grounds asserted.
The Authority held that the Arbitrator's finding that the proposed competitive areas were negotiable under the parties' collective bargaining agreement was not contrary to law. The Authority noted that Proposals governing the conditions of employment of supervisors and managers exceed are outside the duty to bargain. Such proposals are, however, permissive, rather than prohibited, matters of bargaining under the Statute. Consequently, once an agency and a union agree to such a proposal, it is enforceable provided that it is otherwise consistent with the Statute.
In this case, the Arbitrator's finding that Article 31, Section 13 was enforceable, and that the proposed competitive areas offered by the Union pursuant to Article 31, Section 13 were negotiable under the parties' agreement, was consistent with Authority precedent. In addition, the Authority concluded that the Arbitrator's order requiring the Agency to implement the Union's proposed competitive areas was not contrary to law. The Authority also rejected the allegations that the award was based on a nonfact, that it failed to draw its essence from the agreement, or that the Arbitrator exceeded his authority.