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57 FLRA No. 149
American Federation of Government Employees, Local 1709 and United States Department of The Air Force, Dover Air Force Base, Dover, Delaware (Stocker, Arbitrator), 0-AR-3410 (Decided March 11, 2002)
The Arbitrator found that the Agency did not violate the parties' collective bargaining agreement when it denied the grievant's request to be put on an alternative work schedule. The Authority found that the Union failed to show that the award was deficient under § 7122(a) of the Statute and denied the Union's exceptions.
The Authority concluded that the a ward did not violate § 6131 of the Work Schedules Act. The Authority noted that as the award did not involve discontinuation of a schedule and involved only the application of a flexible schedule, the relevant provision of the Act to the circumstances here was § 6122(b). The Authority further stated that although not raised by the parties, it would the opportunity to address the applicability of § 6122.
Under that provision, subject to the terms of any written agreement between the parties, an agency may restrict an employee's choice of arrival and departure times or exclude the employee from a flexible schedule like the one in this case if the agency determines that the organization in which the employee works is being substantially disrupted in carrying out its functions or is incurring additional costs because of the organization's participation in the flexible schedule. The Authority further explained that under § 6122(b), an agency's decision to deny an employee's request to continue to work a flexible schedule is expressly "subject to the terms" of the parties' collective bargaining agreement. Since by its terms § 6122(b) makes the standard to be met by an agency subject to the terms of a written agreement, an arbitrator properly looks to the agreement to determine whether an agency has met its obligations. Thus, the Authority concluded that the award was not contrary to § 6131 of the Work Schedules Act. The Authority also rejected the allegations that the award failed to draw its essence from the parties' agreement and that the arbitrator failed to conduct a fair hearing.