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57 FLRA No. 15
U.S. Department of Veterans Affairs, Connecticut Healthcare System, Newington, Connecticut and National Association of Government EmployeesLocal R1-109 (Rose, Arbitrator), 0-AR-3339 (Decided March 30, 2001)
The Arbitrator upheld a grievance alleging that the Agency violated the negotiated agreement by combining the equal employment opportunity committees and the safety committees from the Newington, Connecticut, and West Haven, Connecticut, Medical Centers following the consolidation of those facilities. The Arbitrator ordered the Agency to restore those committees at the Newington facility, with the level of Union representation on those committees commensurate with the level of Union representation prior to the consolidation of the committees. The Authority denied the Agency's exceptions.
The Authority rejected the allegation that the award was contrary to law. The Agency claimed that the right to determine its organization encompasses the right to organize all committees, but offered no precedent to support this assertion. The Authority noted that the right to establish committees is not as broad as the Agency argued. The Authority found that the award did not affect management rights under § 7106(a)(1). The Authority also rejected the allegation that the award failed to draws its essence from the agreement