File 2: Opinion of Chairman Cabaniss
[ v57 p939 ]
Dissenting Opinion of Chairman Cabaniss:
I write in dissent only regarding the matter of the Arbitrator's finding that no violation of the Agency's statutory duty to bargain is involved here. [n1] The central contractual bargaining obligation is entitled "Appropriate Matters for Impact and Implementation Bargaining." It is without dispute that part of an agency's statutory duty to bargain includes what is commonly referred to as impact and implementation bargaining, i.e., bargaining tied to an exclusive representative's rights under 5 U.S.C. § 7106(b)(2) & (3).
In the present matter, contrary to the majori