27:0318(44)AR QUALITY ASSURANCE PERSONNEL VS NAVY, NARF -- 1987 FLRAdec AR
[ v27 p318 ]
The decision of the Authority follows:
27 FLRA NO. 44
NAVAL AIR REWORK FACILITY JACKSONVILLE, FLORIDA Activity and NATIONAL ASSOCIATION OF GOVERNMENT INSPECTORS AND QUALITY ASSURANCE PERSONNEL Union Case No. 0-AR-1280
I. Statement of the Case
This matter is before the Authority on exceptions to the award of Arbitrator J. W. Dees filed by the Department of the Navy (Agency) on behalf of the Naval Air Rework Facility, Jacksonville, Florida (Activity) under section 7122 (a) of the Federal Service Labor - Management Relations Statute (the Statute) and part 2425 of the Authority's Rules and Regulations.
II. Background and Arbitrator's Award
The dispute arose when the Activity permanently reassigned two employees on the "B" shift for cross-training purposes. The Activity reassigned John Brock from section 42220 to section 42210 and Irene Vanderhorst from section 42210 to section 42220. The Union filed a grievance on behalf of another employee concerning the rotation. The grievance alleged that when Mr. Brock was reassigned, a vacancy was created which the Activity failed to fill in accordance with the parties' collective bargaining agreement. The agreement provides that the "B" shift will be staffed by volunteers, if available, and sets forth procedures for selection of volunteers for vacant positions.
The Arbitrator agreed with the Union's position. He further determined that there was no justification in the parties' agreement for the Activity's permanent reassignment of the employees for training purposes because one year of training had been provided at the entry level. The Arbitrator therefore sustained the grievance and ordered the Activity to: (1) cancel Mr. Brock's assignment to section 42210 and reassign him to his original position in section 42220; and (2) assign the grievant to the "B" shift with retroactive shift differential pay.
The Agency contends that the award violates management's right to assign work under section 7106 (a)(2)(B) of the Statute. Specifically, the Agency contends that an arbitration award may not interpret or enforce a collective bargaining agreement so as to deny an agency the authority to exercise the discretion to determine the particular employees to whom work will be assigned. The Agency argues that the Arbitrator has wrongfully substituted his judgment for that of management in determining which employees are in need of cross-training.
The Agency also contends that the Arbitrator exceeded his authority in rendering the award. The Agency maintains that the Arbitrator decided an issue