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59 FLRA No. 109
AFGE, Local 3529 and U.S. Dept. of Defense Defense Contract Audit Agency, Central Region Irving, Texas (Stephens, Arbitrator) 0-AR-3733 (Decided January 30, 2004)
The Arbitrator denied the Union's grievance alleging that the Agency violated the parties' agreement by refusing to bargain over certain employee benefits that were authorized by recent legislation. The Authority denied the Union's exception.
The Authority found that the award was not contrary to the its decision in VA, Lexington, 44 FLRA162. In VA, Lexington, the Authority held that agencies are required to bargain over changes to conditions of employment over which they have discretion, provided that the discretion is not exclusive or unfettered. In this case, there was no dispute that there were no changes to conditions of employment. Consequently, the Union's reliance on VA, Lexington was misplaced, and the Union failed to demonstrate that the award was contrary to law.