13:0343(56)AR - AFGE Local 1858 and Army Missile Command, Missile and Munitions Center and School, Redstone Arsenal, AL -- 1983 FLRAdec AR
[ v13 p343 ]
The decision of the Authority follows:
13 FLRA No. 56 AMERICAN FEDERATION OF GOVERNMENT EMPLOYEES, LOCAL 1858, AFL-CIO (Union) and U.S. ARMY MISSILE COMMAND, MISSILE AND MUNITIONS CENTER AND SCHOOL, REDSTONE ARSENAL, ALABAMA (Activity) Case No. O-AR-277 DECISION This matter is before the Authority on exceptions to the award of Arbitrator Sherman Dallas filed by the Union under section 7122(a) of the Federal Service Labor-Management Relations Statute and part 2425 of the Authority's Rules and Regulations. The dispute in this matter concerns the Activity's change in the tour of duty for certain instructors and support personnel. The issue before the Arbitrator was whether the Activity violated the provision in the parties' collective bargaining agreement pertaining to tour of duty changes, which prohibits such changes if "continuation of the regular tour of duty would not seriously handicap the performance of a function or would not result in substantially increased cost." The Arbitrator concluded that continuation of the former tour of duty would have seriously handicapped the performance of the teaching function at the Activity's school. Accordingly, as his award, the Arbitrator denied the grievance. In its exceptions, the Union essentially alleges that the award is contrary to law and the parties' agreement because it is based on the Arbitrator'