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57 FLRA No. 40
U.S. Dept. of Justice, Federal Bureau of Prisons. Federal Transfer Center, Oklahoma City, Oklahoma and AFGE, Local 171, Council of Prison Locals C-33, (Zembower, Arbitrator) Case No. 0-AR-3300 (Decided May 18, 2001)
The Arbitrator ordered the Agency to open all work assignments to bid on a quarterly basis. The Authority concluded that the Agency failed to establish that the award was deficient.
The Authority concluded that the award did not abrogate management's right to assign work. The Authority explained that when an exception alleges that an award violates management's rights under § 7106 of the Statute, it first determines whether the award affects a management right under § 7106(a) of the Statute. If it does, the Authority applies the framework established in 53 FLRA 146. Under prong I of this framework, the Authority examines whether the award provides a remedy for a 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. Under prong II, the Authority considers whether the award reflects a reconstruction of what management would have done had management not violated the law or contractual provision at issue.
Here, the Authority concluded that the award satisfied Prong I and II. Therefore, the award was not deficient as inconsistent with management's right to assign work. Likewise, the Authority concluded that the award was not contrary to management's right to determine its internal security practices.