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57 FLRA No. 67
U.S. Dept. of Justice, Federal Bureau of Prisons Metropolitan Detention Center, Guaynabo, Puerto Rico and AFGE, Local 4052, Council of Prison Locals (Overton, Arbitrator), 0-AR-3332 (Decided June 29, 2001)
The Arbitrator found that the Agency violated the parties' collective bargaining agreement by leaving certain work posts temporarily vacant. He ordered the Agency to cease reassigning on-duty employees to fill such vacancies except under emergency circumstances. The Authority found that the Agency failed to show that the award was deficient under § 7122(a) of the Statute.
The Authority concluded that the award was not contrary to the Agency's rights to assign employees and/or work. The Authority found that the award satisfied the two pronged test it applies to determine whether the award is in violation of management's rights. The Authority also rejected the allegation that the award failed to draw its essence from the parties' agreement.