61 FLRA No. 6

NATIONAL LABOR RELATIONS BOARD, WASHINGTON, D.C. AND NATIONAL LABOR
RELATIONS BOARD UNION (O'Connell, Arbitrator) 0-AR-3911 (June 10, 2005)

The Arbitrator sustained a grievance alleging that the Agency's decision to suspend employees' performance awards violated the parties' collective bargaining agreement. The Authority denied the exceptions finding that the award was not contrary to law.

The Authority noted that the Agency failed to demonstrate that the award affected management's right to determine its budget under § 7106(a)(1) of the Statute, or that the award was contrary to contrary to law because it excessively interfered with its right to determine its budget under § 7106(a)(1). 

The Authority also found that the Agency failed to demonstrate that the award affected management's right to
take actions during emergencies under § 7106(a)(2)(D) of the Statute,  that it was contrary to the Anti-Deficiency Act, 31 U.S.C. § 1341, or the Back Pay Act.  The Authority also rejected the allegations that the award failed to draw its essence from the Parties' CBA, or that the Arbitrator exceeded his authority