22:0736(84)AR - GSA and AFGE Council 236 -- 1986 FLRAdec AR
[ v22 p736 ]
The decision of the Authority follows:
22 FLRA No. 84 GENERAL SERVICES ADMINISTRATION Agency and AMERICAN FEDERATION OF GOVERNMENT EMPLOYEES, AFL-CIO, COUNCIL 236 Union Case No. 0-AR-905 DECISION I. STATEMENT OF THE CASE This matter is before the Authority on an exception to the award of Arbitrator Ellen M. Bussey 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 ARBITRATOR'S AWARD In one of two grievances filed in this case and submitted to arbitration, the Union contended that the Activity's determination to contract out a certain custodial activity to the National Institute of the Severely Handicapped pursuant to 41 U.S.C. Sections 46-48c /*/ was not in accordance with OMB Circular A-76 (which prescribes general policies for contracting out). The Arbitrator found that this grievance was arbitrable, but on the merits denied the grievance. III. EXCEPTION In its exception the Agency contends that the Arbitrator's finding that the grievance was arbitrable is contrary to management's right to make determinations with respect to contracting out pursuant to section 7106(a)(2)(B) of the Statute.