File 2: Opinion of Member Armendariz
[ v61 p117 ]
Dissenting Opinion of Member Armendariz:
I would find the award deficient as inconsistent with the right to assign work under § 7106(a)(2)(B) of the Statute. Accordingly, I dissent.
It is well established that an agency's right to assign work includes the right to assign employees to attend job-related training during duty hours and the right to determine the type of training that is appropriate. See, e.g., AFGE, Local 1923, 44 FLRA 1405, 1431 (1992). Proposals requiring agencies to provide employees with training concerning the duties and responsibilities of their positions directly interfere with management's right to assign work. See, e.g., NFFE, Local 29, 45 FLRA603, 611 (1992).
In this case, it is not disputed that the training that the Arbitrator ordered the Agency to provide is job-related and would occur during duty hours. Accordingly, the award affects management's right to assign work. See, e.g., United States Dep't of the Army, United States Army Aviation & Missile Command, Redstone Arsenal, Ala., 58 FLRA400, 404 (2003); AFGE, Local 1345, 48 FLRA168, 185 (1993).
As the award affects the right to assign work, it is necessary to apply the framework set forth in United States Dep't of the Treasury, Bureau of Engraving & Printing, Wash., D.C., 53 FLRA146 (1997) (BEP