34:0598(102)AR - - Army Academy of Health Sciences, Fort Sam Houston, TX and NFFE Local 28 - - 1990 FLRAdec AR - - v34 p598
[ v34 p598 ]
The decision of the Authority follows:
34 FLRA No. 102
FEDERAL LABOR RELATIONS AUTHORITY
UNITED STATES ARMY
ACADEMY OF HEALTH SCIENCES
FORT SAM HOUSTON, TEXAS
NATIONAL FEDERATION OF FEDERAL EMPLOYEES
LOCAL NO. 28
January 26, 1990
Before Chairman McKee and Members Talkin and Armendariz.
I. Statement of the Case
This case is before the Authority on an exception to the award of Arbitrator I. B. Helburn. The Arbitrator awarded the grievant the flexitime work schedule that management had denied her. In addition, the Arbitrator ordered the United States Army, Academy of Health Sciences, Fort Sam Houston, Texas (the Agency) to rescind a Disposition Form which abolished flexitime work schedules. The Agency filed an exception to the award 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 National Federation of Federal Employees, Local No. 28 (the Union) did not file an opposition to the exception.
For the reasons discussed below, we set aside the portion of the Arbitrator's award which rescinds the Agency's Disposition Form abolishing flexitime schedules.
II. Background and Arbitrator's Award
In 1983, the parties negotiated an agreement allowing employees to request and receive flexitime work schedules.
From 1983 until 1988, employees were not required to justify their requests for flexitime. In February 1988, the grievant received approval for a flexitime work schedule without justifying the request.
On April 12, 1988, the Agency issued a document entitled "Disposition Form" which informed employees that flexitime would be abolished as of June 1, 1988. Award at 4. During bargaining on the impact and implementation of abolishing flexitime, the parties agreed that employees would submit requests for flexitime schedules with justification prior to June 1, and the Agency would respond to the requests. The grievant submitted a request, with justification, to remain on flexitime. Her supervisor denied her request. After the grievant's request for a flexitime schedule was denied, a grievance was filed and the dispute was submitted to arbitration.
The stipulated issue before the Arbitrator was "[d]id the Agency violate the intent and spirit of the collective bargaining agreement when it denied [the grievant's] May 27, 1988 request for a shift change? If so, what is the appropriate remedy?" Id. at 6-7. The Arbitrator determined that because the Agency had exercised its option under section 7106(b)(1) to negotiate over tours of duty, it was required to follow the terms of the parties' agre