19:0544(72)AR - Marine Corps Logistics Base, Albany, GA and AFGE Local 2317 -- 1985 FLRAdec AR



[ v19 p544 ]
19:0544(72)AR
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.