19:0392(53)AR - VA Medical Center, Lebanon, PA and AFGE Local No. 1966 -- 1985 FLRAdec AR

 19 FLRA No. 53
 
 VETERANS ADMINISTRATION MEDICAL
 CENTER, LEBANON, PENNSYLVANIA
 Activity
 
 and
 
 AMERICAN FEDERATION OF GOVERNMENT
 EMPLOYEES, LOCAL NO. 1966
 Union
 
                                            Case No. O-AR-922
 
                                 DECISION
 
    This matter is before the Authority on exceptions to the award of
 Arbitrator John Paul Simpkins 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.
 
    According to the Arbitrator, the grievance in this case challenged
 management's right to reschedule employees working tours of duty from 4
 p.m. to midnight and midnight to 8 a.m. to the day shift for formal
 training.  As a result of the rescheduling, affected employees did not
 receive their normal night differential pay.  The Arbitrator determined
 that the parties' collective bargaining agreement prevented management
 from assigning employees to the day shift for training and that
 consequently the Activity violated the agreement by having done so.
 Accordingly, as his award, the Arbitrator awarded backpay for lost
 earnings to employees who had already received the disputed training
 during the day shift, and he ordered as to such employees who had not
 yet received the training that they receive the training on their
 regular night tour of duty.
 
    As one of its exceptions, the Agency contends that the award is
 contrary to management's right to assign work pursuant to section
 7106(a)(2)(B) of the Statute.  The Authority agrees.
 
    The Authority has repeatedly recognized that the plain language of
 section 7106 provides that "nothing" in the Statute shall "affect the
 authority" of an agency to exercise the rights enumerated in that
 section.  E.g., American Federation of Government Employees, AFL-CIO,
 Local 1968 and Department of Transportation, Saint Lawrence Seaway
 Development Corporation, Massena, New York, 5 FLRA 70, 79 (1981), aff'd
 sub nom. AFGE Local 1968 v. FLRA, 691 F.2d 565 (D.C. Cir. 1982), cert.
 denied 461 U.S. 926 (1983).  Therefore, the Authority has consistently
 held that no arbitration award may interpret or enforce a collective
 bargaining agreement so as to improperly deny an agency the authority to
 exercise its rights under that section or result in the substitution of
 the arbitrator's judgment for that of the agency in the exercise of
 those rights.  Id.; National Treasury Employees Union and U.S. Customs
 Service, 17 FLRA No. 12 (1985);  U.S. Customs Service, Laredo, Texas and
 Chapter 145, National Treasury Employees Union, 17 FLRA No. 17 (1985).
 Section 7106(a)(2)(B) of the Statute, in particular, reserves to
 management officials the authority to assign work.  Furthermore, the
 Authority has held that the assignment of training during the duty time
 of employees constitutes an exercise of management's right to assign
 work under section 7106(a)(2)(B) of the Statute.  E.g., National
 Association of Air Traffic Specialists and Department of Transportation,
 Federal Aviation Administration, 6 FLRA 588, 591 (1981).  Encompassed
 within this right is the discretion to determine when such training
 shall be scheduled.  International Association of Fire Fighters,
 AFL-CIO, CLC, Local F-116 and Department of the Air Force, Vandenberg
 Air Force Base, California, 7 FLRA 752 (1982);  International
 Association of Fire Fighters, Local F-48, AFL-CIO and Naval Support
 Activity, Mare Island Station, California, 3 FLRA 489 (1980) (proposal
 2);  International Association of Fire Fighters, Local F-61 and
 Philadelphia Naval Shipyard, 3 FLRA 438 (1980) (proposal 1).  In terms
 of this case, the Authority finds that the award is contrary to
 management's right to assign training encompassed within the right to
 assign work pursuant to section 7106(a)(2)(B) of the Statute by having
 negated with respect to employees already trained management's
 scheduling and assignment of training to such employees on the day shift
 and by having restricted with respect to employees to be trained
 management's prerogative to assign such training on the day shift.
 
    Accordingly, the award is set aside.  /1/ Issued, Washington, D.C.,
 July 31, 1985
                                       Henry B. Frazier III, Acting
                                       Chairman
                                       William J. McGinnis, Jr., Member
                                       FEDERAL LABOR RELATIONS AUTHORITY
 
 
 
 
 
 
 --------------- FOOTNOTES$ ---------------
 
 
    /1/ In view of this decision, it is not necessary to address the
 other exceptions to the award.