Friday, November 19, 2010
FLRA Upholds Arbitration Award Finding That FAA Improperly Cancelled Overtime
In March 2006, Arbitrator Kathy Durham found in NATCA's favor regarding a Southern Region grievance filed over the agency cancelling overtime assignments with less than seven days notice. She found that the agency had violated Article 38, Section 8 by cancelling overtime with less than seven days notice in instances that were not specifically allowed under the language of the CBA. She also found that Section 8 constitutes a valid appropriate arrangement and thus a valid infringement upon management rights. She found that the grievants were thus entitled to be made whole and that they should be paid the overtime pay they otherwise would have earned but for the agency’s improper actions.
The FAA filed exceptions to the award with the FLRA. The agency argued that the decision 1) was based upon a nonfact; 2) failed to draw its essence from Section 8 of the CBA; 3) was contrary to management rights under 7106a2a, 7106a2b, 7106a2d, 7106b2, 7106b3, and 7101a of the Statute. We argued to the contrary.
The FLRA found that 1) the agency had failed to raise the 7106a2a and 7106a2d and 7101a issue before the arbitrator and thus they were dismissed; 2) that the award was NOT based upon a nonfact; 3) that the award draws its essence from the CBA; and 4) that the award was not contrary to law, specifically that as the language of Section constituted an appropriate arrangement, it was a permissible infringement upon management rights that did not rise to the level of an abrogation of management’s right to assign work. Therefore, the FLRA found no violation of 7106a2b, 7106b2 or 7106b3.