20:0743(86)AR - Justice INS and AFGE Local 2724 -- 1985 FLRAdec AR



[ v20 p743 ]
20:0743(86)AR
The decision of the Authority follows:


 20 FLRA No. 86
 
 U.S. DEPARTMENT OF JUSTICE, 
 IMMIGRATION AND NATURALIZATION SERVICE
 Agency
 
 and
 
 AMERICAN FEDERATION OF GOVERNMENT 
 EMPLOYEES, LOCAL 2724
 Union
 
                                            Case No. 0-AR-980
 
                                 DECISION
 
    This matter is before the Authority on an exception to the award of
 Arbitrator Charles T. Schmidt 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 Agency filed an
 opposition.  /1/
 
    According to the record before the Authority, this case arose as the
 result of the reassignment of the grievant.  On November 7, 1983,
 management proposed the suspension and reassignment of the grievant for
 conduct unbecoming a border patrol officer.  On December 19, 1983, the
 Union filed an unfair labor practice charge, as to which there was
 subsequently a refusal to issue a complaint, claiming in general that on
 November 7, 1983, the Agency unilaterally changed working conditions and
 requesting specifically as redress that the reassignment of the grievant
 be held in abeyance.  On December 29, 1983, the grievant was advised
 that as a final decision on the proposed disciplinary action he was
 being permanently reassigned.  Thereafter, pursuant to the terms of the
 parties' agreement, arbitration