McGuire Air Force Base and AFGE Local 1778 (Authority decision, June 4, 1986)

Final FLRA decision. The Authority resolves exceptions to an arbitration award. Under 5 U.S.C. § 7123(a)(1), ordinary judicial review is generally unavailable for an order concerning an arbitration award unless it involves an unfair labor practice under § 7116; this decision does not decide one.

Plain-English summary

Management assigned civilian employees to collect debris. An arbitrator barred that assignment under the parties’ agreement. The Authority found that the ban substituted the arbitrator’s decision for management’s statutory right to assign work. It set aside the award.

Decision snapshot

• Authority: 5 U.S.C. § 7106(a)(2)(B), 5 U.S.C. § 7122(a).
• Outcome: Arbitration award set aside.
• Key point: An arbitrator cannot bar management from assigning a category of work to employees.

Full text (FLRA public release)

[ v22 p12 ]

22:0012(3)AR

The decision of the Authority follows:

22 FLRA No. 3

THE 438 AIR BASE GROUP, McGUIRE
AIR FORCE BASE, NEW JERSEY
Activity

and

AMERICAN FEDERATION OF GOVERNMENT
EMPLOYEES, LOCAL 1778
Union

Case No. 0-AR-1013

DECISION

I. STATEMENT OF THE CASE

This matter is before the Authority on an exception to the award of Arbitrator Robert H. Mount filed by the Agency under section 7122(a) of the Federal Service Labor-Management Relations Statute and part 2425 of the Authority's Rules and Regulations.

II. BACKGROUND AND ARBITRATOR'S AWARD

The dispute before the Arbitrator arose when management directed certain civilian employees to pick up debris from the flight line area. The Activity claimed that the task was an important safety measure to protect aircraft and lives and, moreover, was provided for in the parties' collective bargaining agreement. The Union claimed that the performance of the clean-up task by the employees involved was unnecessary and was also contrary to the parties' agreement. The Arbitrator found that there was no specific reference to the task in the parties' collective bargaining agreement and that the parties disagreed as to the intent of their agreement with respect to the task. However, the Arbitrator further found that management previously had agreed, in settlement of an unfair labor practice charge in 1981, to limit participation of civilian employees in picking up debris. The Arbitrator essentially concluded that management was still bound by the settlement. The Arbitrator therefore sustained the grievance and directed the Activity to limit assignment of the work in question for civilian personnel.

III. EXCEPTION

As its exception, the Agency contends that the award violates management's right to assign work under section 7106(a)(2)(B) of the Statute.

IV. ANALYSIS AND CONCLUSION

The Authority has repeatedly recognized that the plain language of section 7106 provides that "nothing" in the Statute shall "affect the authority" of an agency to exercise the rights enumerated in that section. American Federation of Government Employees, AFL-CIO, Local 1968 and Department of Transportation, Saint Lawrence Seaway Development Corporation, Massena, New York, 5 FLRA 70, 79 (1981), aff'd sub nom. AFGE Local 1968 v. FLRA, 691 F. 2d 565 (D.C. Cir. 1982), cert. denied, 461 U.S. 926 (1983). Therefore, the Authority has consistently held that an arbitration award may not interpret or enforce a collective bargaining agreement so as to improperly deny an agency the authority to exercise its rights under section 7106 or result in the substitution of the arbitrator's judgment for that of the agency in the exercise of those rights. U.S. Customs Service, Laredo, Texas and Chapter 145, National Treasury Employees Union, 17 FLRA 68 (1985); American Federation of Government Employees, Local 3258 and U.S. Department of Housing and Urban Development, 21 FLRA No. 56, slip op. at 4 (1986). Section 7106(a)(2)(B) of the Statute, in particular, reserves to management officials the authority to assign work. Encompassed within this right is the discretion to determine the particular employees to whom work will be assigned. Department of the Air Force, Carswell Air Force Base and American Federation of Government Employees, Local 1364, 19 FLRA No. 51, slip op. at 2 (1986); Marine Corps Logistic Base, Albany, Georgia and American Federation of Government Employees, Local 2317, 19 FLRA No. 72, slip op. at 2 (1985). Furthermore, the Authority has held in negotiability disputes that proposals which would prohibit management from assigning employees duties not related to their jobs, such as grounds maintenance work, are violative of section 7106(a)(2)(B). Association of Civilian Technicians and State of Georgia National Guard, 2 FLRA 581 (1980).

In this case, the Authority similarly finds that the award conflicts with management's right to assign work. By precluding the assignment of debris pick-up duties to civilian employees, the Arbitrator has substituted his judgment for that of management as to whom that work will be assigned. Therefore, the Authority finds that the award is deficient as contrary to section 7106(a)(2)(B).

V. DECISION

Accordingly, based on the above reasons, the Arbitrator's award is set aside.

Issued, Washington, D.C., June 4, 1986.
/s/ Jerry L. Calhoun, Chairman
/s/ Henry B. Frazier III, Member
FEDERAL LABOR RELATIONS AUTHORITY