16:1075(138)AR FLRA CASE INFORMATION SHEET DIGEST HEADINGS SUBJECT MATTER INDEX ENTRIES STATUTE DIGEST NOTES DECISION -- 1984 FLRAdec AR
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The decision of the Authority follows:
16 FLRA NO. 138
UNITED STATES DEPARTMENT OF LABOR, WASHINGTON, D.C. Agency and AMERICAN FEDERATION OF GOVERNMENT EMPLOYEES, AFL-CIO, LOCAL 12 Union Case No. 0-AR-589
This matter is before the Authority on an exception to the award of Arbitrator Harold D. Jones, Jr. filed by the Agency under section 7122(a) of the Federal Service Labor - Management Relations Statute and part 2425 of the Authority's Rules and Regulations.
The parties submitted to arbitration the issue of whether the Agency violated law, regulation, or the parties' collective bargaining agreement in connection with the reduction-in-force effective December 31, 1981, in the National Office of the Employment and Training Administration. The Arbitrator determined that the Agency violated regulations and the agreement. Consequently, the Arbitrator directed that the Agency "make employees involved in the reduction-in-force effective December 31, 1981, whole to the extent required by changes in retention factors, other than performance, which would have occurred prior to, or as of, December 31, 1981 but for the retention standings of employees being arbitrarily frozen at a time prior to their releases from their competitive level effective December 31, 1981."
In its exception the Agency contends that the award is contrary to the Statute. However, contrary to the Agency's contention, the Authority finds that the award is fully in accordance with law and regulation and that consequently no basis is provided for finding the award deficient.
The phrase "reduction-in-force" (RIF) refers to the process a Federal agency can initiate to eliminate positions in the agency and to take appropriate action with respect to employees who had occupied the abolished positions. See generally International Federation of Professional and Technical Engineers, AFL - CIO, NASA Headquarters [ v16 p1075 ] Professional Association and National Aeronautics and Space Administration, Headquarters, Washington, D.C., 8 FLRA 212 (1982). In taking such an action the agency must comply with regulations issued by the Office of Personnel Management (OPM) pursuant to statute. 5 U.S.C. 350