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62 FLRA No. 27
United States Department of Justice, Federal Bureau of Prisons, Federal Correctional Complex, Beaumont, Texas and American Federation of Government Employees, Local 1010 (Wolitz, Arbitrator), 0-AR-3995 (May 31, 2007)
The Arbitrator found that the Agency violated the parties' agreement by assigning additional duties to the grievant, and ordered two Agency officials to provide the grievant a letter of commendation for her performance of the duties. On exceptions filed by the Agency, the Authority set aside the award.
The Agency claimed that the award is contrary to law because it violates management's right to assign work under § 7106 of the Statute, in that it assigns duties to specific Agency officials.
The Authority noted the standard of review in determining whether an arbitrator's award violates management's rights under § 7106 of the Statute. The Authority applied the two-pronged framework established in 53 FLRA 146, 151-54 (1997). Under prong I, the Authority examines whether the award provides a remedy for a violation of either an applicable law, within the meaning of § 7106(a)(2) of the Statute, or a provision that was negotiated pursuant to § 7106(b) of the Statute. Under prong II, the Authority considers whether the arbitrator's remedy reflects a reconstruction of what management would have done if it had not violated the law or provision at issue.
The Authority found it unnecessary to address the Agency's claim that the award was deficient under prong II. The Authority determined that the award did not enforce an appropriate arrangement within the meaning of § 7106(b)(3) of the Statute because the award excessively interfered with management's right to assign work under § 7106(a)(2) of the Statute.