49:1563(140)AR - - Commerce, NOAA, National Weather Service and National Weather Service Employees Organization, Branch 2-03 - - 1994 FLRAdec AR - - v49 p1563



[ v49 p1563 ]
49:1563(140)AR
The decision of the Authority follows:


49 FLRA No. 140

FEDERAL LABOR RELATIONS AUTHORITY

WASHINGTON, D.C.

_____

U.S. DEPARTMENT OF COMMERCE

NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION

NATIONAL WEATHER SERVICE

(Agency)

and

NATIONAL WEATHER SERVICE EMPLOYEES ORGANIZATION

BRANCH 2-03

(Union)

0-AR-2581

_____

DECISION

July 13, 1994

_____

Before Chairman McKee and Members Talkin and Armendariz.

I. Statement of the Case

This matter is before the Authority on exceptions to a supplemental award of Arbitrator James P. O'Grady 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 to the Union's exceptions.

In his supplemental award, the Arbitrator denied a grievance contesting a change in the grievant's work schedule. For the following reasons, we conclude that the Union's exceptions provide no basis for finding the supplemental award deficient. Accordingly, we will deny the exceptions.

II. Background and Arbitrator's Awards

A grievance was filed asserting that the Agency's decision to change the grievant's shift with less than 7 days' advance notice violated 5 U.S.C. § 6101(a)(3) and the parties' collective bargaining agreement.(1) As a remedy, the grievant sought 5 hours' overtime pay. The Arbitrator determined that the grievant's supervisor did not improperly change the grievant's shift and denied the grievance.

The Union filed exceptions to the award. On review of the exceptions, we rejected the Union's argument that the grievant's supervisor was not authorized to reschedule the grievant's shift. We noted that the Arbitrator relied on 5 C.F.R. § 610.102(e)(2) to find that the grievant's supervisor had such authority and that the Union did not assert that the regulation was inapplicable. However, we could not determine from the award whether the statutory requirements for changing the grievant's shift were satisfied. Consequently, we remanded the award to the parties for resubmission to the Arbitrator. U.S. Department of Commerce, National Oceanic and Atmospheric Administration, National Weather Service, Brownsville, Texas and National Weather Service Employees Organization, Branch 2-03, 48 FLRA 770 (1993).

In his supplemental award, the Arbitrator found that the grievant's supervisor had "credibly testified" that he had determined "that absent the change to the schedule . . . , the operations of the Brownsville W[eather] S[ervice] O[ffice] would have been seriously handicapped." Supplemental Award at 6. Additionally, the Arbitrator concluded that there was sufficient evidence of record for him "to make a finding that the [Agency's] operations at the Brownsville WSO would have been seriously handicapped if the [grievant's supervisor] had not altered the [g]rievant's schedule." Id. at 9. Accordingly, the Arbitrator denied the grievance.

III. Positions of the Parties

The Union contends that the supplemental award is contrary to law because the Arbitrator "focused solely on the issue of wha