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57 FLRA No. 72
U. S. Dept. of Justice, Federal Bureau of Prisons, U. S. Penitentiary, Atlanta, Georgia and AFGE, Council of Prison Locals Local 1145 (Olinger, Arbitrator), 0-AR- 3369 (Decided July 18, 2001)
The Arbitrator found that the Agency violated the parties' collective bargaining agreement by leaving certain work posts temporarily vacant. She ordered the Agency to vacate the posts only for good reason and not on a routine basis for administrative convenience. The Authority found that the Agency failed to show that the award was deficient under § 7122(a) of the Statute.
Preliminary, the Authority concluded that the exceptions were timely filed. The Authority added that section 2429.5 of its regulations did not bar the Agency's exception alleging that the award was contrary to its right to determine its internal security practices. The Authority explained that under § 2429.5 of its regulations, it will not consider issues that could have been, but were not, presented to the arbitrator. Here, the Agency demonstrated that it argued before the Arbitrator that the remedy sought by the Union, and awarded by the Arbitrator, was contrary to its right to determine its internal security practices. Accordingly, the Authority will consider the Agency's exception.
As to the merits, the Authority concluded that the award was not contrary to the Agency's rights to assign work or determine its internal security practices. The Authority found that Article 27 constituted an arrangement, and that it did not abrogate the Agency's rights to assign work or determine internal security practices. Lastly, the Authority concluded that the award did not fail to draw its essence from the parties' agreement.