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62 FLRA No. 33
United States Department of Homeland Security, U.S. Customs And Border Protection, JFK Airport, Queens, New York and American Federation of Government Employees, Local 1917 (Vonhof, Arbitrator), 0-AR-4043 (July 17, 2007)
The Arbitrator found that the Agency violated the collective bargaining agreement by failing to notify the Union about, and bargain over, changes in the implementation of a new overtime and scheduling system.
The Authority denied the Agency's exceptions. The Authority held that the award was not based on nonfacts. In that regard, the Authority found that the Arbitrator's determination that the parties' collective bargaining agreement was in effect at the time of the alleged violation was a finding of fact to which the Authority defers to the Arbitrator. The Authority also found that award did not fail to draw its essence from the agreement.