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57 FLRA No. 83
American Federation of Government Employee, Local 1709 and U. S. Dept. of The Air ForceDover Air Force Base, Dover, Delaware (Lawson, Arbitrator), 0-AR- 3372 (Decided September 7, 2001)
The Arbitrator denied in part and granted in part grievances that alleged that the Agency violated the Federal Employees Flexible and Compressed Work Schedules Act of 1982, codified at 5 U.S.C. §§ 6101 note, 6120-6133 and the parties' collective bargaining agreement when it denied the grievants' applications for an alternative work schedule (AWS). The Arbitrator found that the Agency did not violate the Work Schedules Act, but did violate the parties collective bargaining agreement. The Authority concluded that the award must be remanded to the parties for resubmission to the Arbitrator.
The Authority found that the Work Schedules Act applied to the parties' AWS program. The Authority noted that having found that the parties' AWS program was subject to the Work Schedules Act, it was necessary to determine whether the award was inconsistent with § 6131 of that Act. Under 5 U.S.C. § 6131(a), an agency may refuse to establish or terminate an AWS established under a CBA only upon finding that the work schedule has had or would have an adverse agency impact. The Authority found that in order to determine whether the Agency satisfied its obligation of finding an "adverse agency impact" under 5 U.S.C. § 6131(b), the Arbitrator has to consider and apply those standards. The record did not reveal that the Arbitrator considered and applied the provisions of 5 U.S.C. § 6131 in reaching his decision. Therefore, the case was remanded.