09:1029(143)AR - IRS, Fresno Regional Center and NTEU Chapter 97 -- 1982 FLRAdec AR



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09:1029(143)AR
The decision of the Authority follows:


 9 FLRA No. 143
 
 INTERNAL REVENUE SERVICE,
 FRESNO REGIONAL CENTER
 Activity
 
 and
 
 NATIONAL TREASURY EMPLOYEES
 UNION, CHAPTER 97
 Union
 
                                            Case No. O-AR-248
 
                                 DECISION
 
    THIS MATTER IS BEFORE THE AUTHORITY ON AN EXCEPTION TO THE AWARD OF
 ARBITRATOR ROBERT G. MEINERS FILED BY THE AGENCY UNDER SECTION 7122(A)
 OF THE FEDERAL SERVICE LABOR-MANAGEMENT RELATIONS STATUTE (THE STATUTE)
 AND PART 2425 OF THE AUTHORITY'S RULES AND REGULATIONS.  THE UNION FILED
 AN OPPOSITION.
 
    THE DISPUTE IN THIS MATTER AROSE WHEN THE ACTIVITY FAILED TO RECALL
 THE GRIEVANT FROM A FURLOUGH ON TIME AND THUS HAD HER IMPROPERLY IN A
 FURLOUGH STATUS FOR A PERIOD OF TWO WEEKS.  THE ACTIVITY ADMITTED THAT
 ITS ACTIONS CONSTITUTED A VIOLATION OF THE PARTIES' COLLECTIVE
 BARGAINING AGREEMENT.  HOWEVER, IT REFUSED TO GIVE THE GRIEVANT BACKPAY,
 CONTENDING INSTEAD THAT THE OPPORTUNITY TO MAKE UP WORK WAS THE PROPER
 REMEDY.  A GRIEVANCE WAS FILED AND THE MATTER WAS ULTIMATELY SUBMITTED
 TO ARBITRATION.
 
    THE ISSUE BEFORE THE ARBITRATOR WAS WHETHER OFFERING THE GRIEVANT THE
 OPPORTUNITY TO MAKE UP WORK THE NEXT TIME SHE WAS SCHEDULED TO BE
 FURLOUGHED OR RECALLED WOULD MAKE THE GRIEVANT WHOLE SO THAT SHE WOULD
 NOT HAVE SUFFERED A WITHDRAWAL OR REDUCT