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58 FLRA No. 87
U. S. Dept of Health and Human Services Food and Drug Administration, Atlanta, Georgia and NTEU (Clarke, Arbitrator) 0-AR-3723 (Decided December 19, 2003)
The Agency claimed that the award violated management's right to assign work under § 7106(a)(2)(B) of the Statute. The Authority denied the Agency's exceptions noting that an arbitrator's award enforcing a contractual provision pertaining to the implementation or administration of an AWS program is enforceable under the Statute, notwithstanding an exception claiming that the award violates management's rights under § 7106 of the Statute.
In this case, the Arbitrator found that the Agency's call-in requirement was inconsistent with the flexible bands and the tardiness policies established in the parties' collective bargaining agreement for employees on alternate work schedules. Clearly, the award enforced a contractual provision that concerned the implementation and administration of the parties' AWS program. As such, the award was enforceable notwithstanding management's right to assign work under § 7106(a)(2)(B) of the Statute. Having reached this result, the Authority found it unnecessary to address the parties' contentions regarding management's right to assign work.