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59 FLRA No. 16
U. S. Dept. of the Army Corps of Engineers Northwestern Division, Portland District Portland, Oregon and United Power Trades Organization (Nelson, Arbitrator) 0-AR-3601 (Decided August 29, 2003)
The Arbitrator found that the Agency violated the parties' agreement by failing to fill two positions. As a remedy, the Arbitrator ordered the Agency to fill the positions. The Authority concluded that the Agency did not establish that the award was deficient and denied the exceptions.
The Authority applied the framework used in 53 FLRA 146. Under this framework, the Authority examines whether the award provides a remedy for the violation of either an applicable law, within the meaning of § 7106(a)(2) of the Statute, or a contract provision that was negotiated pursuant to § 7106(b) of the Statute. If so, then the Authority determines, whether the remedy awarded reflects a reconstruction of what management would have done had it not violated the law or contract provision at issue. If the remedy reflects such a reconstruction, then the Authority will conclude that the award does not violate a management right. An award that fails to satisfy either part of this framework will be set aside or remanded to the parties, as appropriate.