19:0544(72)AR - Marine Corps Logistics Base, Albany, GA and AFGE Local 2317 -- 1985 FLRAdec AR
[ v19 p544 ]
The decision of the Authority follows:
19 FLRA No. 72 MARINE CORPS LOGISTICS BASE, ALBANY, GEORGIA Activity and AMERICAN FEDERATION OF GOVERNMENT EMPLOYEES, LOCAL 2317 Union Case No. O-AR-929 DECISION This matter is before the Authority on an exception to the award of Arbitrator H. Ellsworth Steele 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. A grievance was filed and submitted to arbitration challenging management's assignment of a portion of the grievant's duties to military personnel. The Arbitrator concluded that it had not been demonstrated that civilian employees cannot successfully perform the duties in question and that the Activity did not have the right to move duties from a civilian employee position to military personnel without negotiating with the Union. Thus, the Arbitrator determined that the Activity had acted improperly and accordingly ordered as follows: Unless the parties agree otherwise within 60 days from the date of this award, the duties at issue must be returned to civilians. In its exception the Agency contends that the award is deficient as contrary to section 7106(a) of the Statute.