59 FLRA No. 65

U. S. Dept. of Defense, Texas National Guard Austin, Texas and AFGE, Council 141 (Bajork, Arbitrator) 0-AR-3669 (Decided November 6, 2003)

      The Arbitrator ordered the Agency to pay the grievant, a civilian technician, compensation for the Agency's violation of the collective bargaining agreement. The Authority found that this part of the award was contrary to law and set it aside.

      The Authority found that the award of overtime compensation was contrary to the National Guard Technicians Act, that it violated management's right to assign work under § 7106(a)(2)(B). However,  the Authority t rejected the allegation that the award was based on a nonfact.