22:0736(84)AR - GSA and AFGE Council 236 -- 1986 FLRAdec AR



[ v22 p736 ]
22:0736(84)AR
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