21:0083(16)AR - NAGE Local R1-25 and Brockton / West Roxbury VA Medical Center -- 1986 FLRAdec AR



[ v21 p83 ]
21:0083(16)AR
The decision of the Authority follows:


 21 FLRA No. 16
 
 NATIONAL ASSOCIATION OF GOVERNMENT 
 EMPLOYEES, LOCAL R1-25
 Union
 
 and
 
 BROCKTON/WEST ROXBURY 
 V.A. MEDICAL CENTER
 Activity
 
                                            Case No. 0-AR-975
 
                                 DECISION
 
    I. STATEMENT OF THE CASE
 
    This matter is before the Authority on an exception to the award of
 Arbitrator Francis T. O'Brien 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.
 
    II.  BACKGROUND AND ARBITRATION AWARD
 
    The Parties submitted to arbitration the issue of whether the
 Activity violated the parties' collective bargaining agreement when it
 required certain employees to work a midweek holiday.  Before the
 Arbitrator the Activity argued that it had properly acted in accordance
 with its right to assign work.  However, the Arbitrator stated that
 management's right to assign work is not absolute and may be abridged by
 provisions of the agreement and by post practices.  In this respect, he
 determined that under the parties' collective bargaining agreement,
 there was an established practice of not requiring employees to world
 midweek holidays.  Accordingly, the Arbitrator sustained the grievance
 and directed the employer to cease a