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62 FLRA No. 10
American Federation of Government Employees, National Border Patrol Council, Local 2455 and United States Department of Homeland Security, United States Customs And Border Protection (Wiant, Arbitrator), 0-AR-4031 (March 22, 2007)
The Arbitrator denied a grievance concerning the reassignment of the grievant to administrative duties and the withdrawal and the revocation of his authority to carry a firearm during that period.
The Authority denied the Union's exceptions. The Authority first found that the award did not fail to draw its essence from the parties' collective bargaining agreement or the Agency's firearms policy. Second, the Authority rejected the Union's contention that the Arbitrator's determination that he was not authorized to award backpay was based on a nonfact, noting that the Arbitrator's determination was a legal conclusion, not a factual determination. Lastly, construing the Union's remaining claim as one that the Arbitrator's award was contrary to the Back Pay Act, the Authority held that the Arbitrator's disputed legal conclusion that he was not authorized to award the grievant backpay is fully consistent with the standards of the Back Pay Act.