Click here to view the decision.
57 FLRA No. 199
U. S. Dept of Defense, National Guard Bureau Adjutant General, Kansas National Guard and Association of Civilian Technicians, Wichita Air Capitol Chapter, Local 74, 0-AR-3443 (Kubie, Arbitrator) (Decided July 19, 2002)
The Arbitrator found that the grievance was procedurally arbitrable and that the Agency violated the parties' agreement when it failed to bargain over the impact and implementation of changes to a holiday work schedule. The Authority concluded that the Agency failed to demonstrate that the award was deficient under § 7122(a) of the Statute. The Authority found that te Arbitrator's procedural arbitrability determinations were not deficient.
Additionally, the Authority concluded that the award was not contrary to 32 U.S.C. § 709(h) and 5 C.F.R. § 610.102. The Authority noted that 32 U.S.C. § 709(h) provides that notwithstanding any provision of law, the Secretary concerned may prescribe the hours of duty for technicians. Thus, the Agency was permitted to change the holiday work schedules. As for 5 C.F.R. § 610.102, the Arbitrator found that the Agency was obligated to engage in impact and implementation bargaining under Article 23-1, without regard to Article 1-11. Thus, the Authority noted that even if the Arbitrator misconstrued the term "tour of duty" in Article 1-11, that would not have affect the conclusion that the Agency was obligated to bargain. Lastly, the Authority rejected the allegations that the award failed to draw its essence from the parties' agreement. or that it was based on a nonfact.