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61 FLRA No. 26
U. S. DEPT. OF HOMELAND SECURITY, CUSTOMS AND BORDER PROTECTION SAN DIEGO, CALIFORNIA AND AFGE, LOCAL 2805 (Moeller, Arbitrator), Case No. 0-AR-3920 (July 29, 2005)
This case concerned a Union grievance regarding the denial of official time and whether the parties reached a binding local supplemental agreement (local agreement) permitting such official time. The Agency claimed that the local agreement was never executed and, therefore, was not in effect. The Arbitrator upheld the grievance. The Authority denied the Agency's exception.
The Authority found that the award was not contrary to law, specifically, § 7114(c) of the Statute. Under § 7114, an agreement exists where authorized representatives of the parties come to a meeting of the minds on the terms over which they have been bargaining. In this case, the Arbitrator found that the official time proposal was included in the local agreement. Based on this finding, the Arbitrator sustained the grievance and ordered the Agency to grant the Union's Secretary 25% official time. Because the Arbitrator's determination of the existence of a collective bargaining agreement was primarily a factual finding to which the Authority defers, the Agency's contrary to law argument provides no basis for finding the award deficient. The Authority also rejected the argument that the award failed to draw its essence from the parties' agreement.