28:0407(63)AR - AFGE VS JUSTICE, U.S. MARSHALS SERVICE



[ v28 p407 ]
28:0407(63)AR
The decision of the Authority follows:


28 FLRA NO. 63



U.S. MARSHALS SERVICE

              Agency

         and

THE DIRECTOR, NATIONAL COUNCIL
OF U.S. MARSHALS SERVICE LOCAL AFGE

              Union

Case No. 0-AR-1350

DECISION

I. Statement of the Case

This matter is before us on exceptions to the award of Arbitrator J. W. Dees filed by the Union under section 7122 (a) of the Federal Service Labor - Management Relations Statute (the Statute) and part 2425 of the Authority's Rules and Regulations. The Agency filed an opposition. 1

II. Background and Arbitrator's Award

In June 1985, the Agency and the grievant entered into an agreement which settled an earlier grievance against the Agency. The grievant agreed to give up his full-time permanent position of Deputy U.S. Marshal and the Agency agreed to appoint him to the position of Intermittent Deputy U.S. Marshal. The agreement provided that the grievant would be employed for a minimum of 39 hours per week and that his appointment would be for a period of no less than 2 years except for reasonable cause. The agreement also provided that the grievant "hereby waives and forever relinquishes any reemployment or r