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57 FLRA No. 86
U.S. Dept. of Health and Human Services, Health Care Financing Administration and AFGE, Local 1923 (Alpern, Arbitrator), 0-AR-3386 (Decided September 20, 2001)
The Arbitrator concluded that the parties' collective bargaining agreement allowed the Agency to have only one representative at Step 1 grievance presentations, unless the Union consented to the presence of additional representatives. The Authority concluded that the award was deficient under § 7106(a)(2)(B) of the Statute.
The Authority found that the award was contrary to management's right to assign work. The Authority noted that the right to assign work under § 7106(a)(2)(B) of the Statute, with respect to unit employees and supervisors, encompasses the right to determine the particular duties to be assigned, when work assignments will occur, and to whom or what positions the duties will be assigned.
Here, the Authority found that the award restricted the Agency's ability to assign anyone other than the grievant's manager to represent it in Step 1 grievance presentations. Therefore, the award affected management's right to assign work.