American Federation of Government Employees, Local 1867 (Union) and United States, Department of the Air Force, United States Air Force Academy, Colorado Springs, Colorado (Agency)

[ v59 p737 ]

59 FLRA No. 132

AMERICAN FEDERATION
OF GOVERNMENT EMPLOYEES
LOCAL 1867

(Union)

and

UNITED STATES
DEPARTMENT OF THE AIR FORCE
UNITED STATES AIR FORCE ACADEMY
COLORADO SPRINGS, COLORADO
(Agency)

0-AR-3714

_____

DECISION

March 5, 2004

_____

Before the Authority: Dale Cabaniss, Chairman, and
Carol Waller Pope and Tony Armendariz, Members

I.     Statement of the Case

      This matter is before the Authority on exceptions to an award of Arbitrator Sherman G. Finesilver filed by the Union under § 7122(a) of the Federal Service Labor-Management Relations Statute (the Statute) and part 2425 of the Authority's Regulations. The Agency filed an opposition to the Union's exceptions.

      The grievance concerns an employee's reassignment during a reduction-in-force (RIF). For the reasons that follow, we deny the Union's exceptions.

II.     Background and Arbitrator's Award

      The grievant was a motor vehicle operator at the United States Air Force Academy. As a result of contracting out under OMB Circular A-76, a RIF occurred at the facility. The grievant was "bumped" from his position by an employee in a higher retention group and with longer service and placed in a waiter position in the cadet dining hall. The grievant filed a grievance alleging that the Agency violated 5 C.F.R. §§ 702 and 705, and 5 U.S.C. § 2301, and that he was improperly displaced. The parties did not resolve the issue and submitted it to arbitration. The Arbitrator identified the issue before him as whether the Agency violated applicable procedures of the RIF and whether the grievant was improperly displaced.

      The Arbitrator found no violations of RIF procedures or regulations, and that there was no evidence to substantiate the grievance. More particularly, the Arbitrator found that the employee who displaced the grievant was qualified for the position and was entitled to bump the grievant under RIF procedures. The Arbitrator also found that the grievant failed to identify any oth