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57 FLRA No. 42
U.S. Dept. of Housing and Urban Development Detroit, Michigan and NFFE, Local 1804 0-AR-3370 (Grissom, Arbitrator) (Decided May 22, 2001)
The Arbitrator found that the disciplinary action taken against the grievant by the Agency was untimely. The Arbitrator sustained the grievance on procedural grounds and did not reach the merits of the case. The Authority denied the Agency's exceptions.
The Authority concluded that the award did not abrogate management's right to discipline employees. 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 discipline employees.