[ v27 p101 ]
27:0101(17)AR
The decision of the Authority follows:
27 FLRA No. 17 MAXWELL AIR FORCE BASE Activity and AMERICAN FEDERATION OF GOVERNMENT EMPLOYEES, AFL-CIO, INTERDEPARTMENTAL LOCAL NO. 997 Union Case No. O-AR-1332 DECISION I. Statement of the Case This matter is before the Authority on an exception to the award of Arbitrator Roger C. Williams filed by the Union under section 7122(a) of the Federal Service Labor-Management Relations Statute (the Statute) andK part 2425 of the Authority's Rules and Regulations. II. Background and Arbitrator's Award Grievances were filed by three Computer Operators assigned to the computer room of the 1973rd Information Systems Group, Maxwell Air Force Base, challenging their assignments to rotating shifts. The employees alleged that the assignments were in violation of Article XV, Section 1, 6b and 7 of the parties' agreement and requested that they be permanently assigned to the day shift as long as they remained in their current positions. The Agency denied the grievances, asserting that management retained the right to assign personnel to shifts. The grievances were consolidated and referred to arbitration. The Arbitrator found that Article XV clearly contemplated the assignment of employees to rotating shifts and that the grievants' position descriptions specifically state that they may be assigned to rotating shifts. He also found that even though management had assigned the grievants to the day shift for an extended period, the extended assignments did not constitute a binding past practice which gave the grievants the right to remain on the day shift. The Arbitrator concluded that the parties' agreement authorized the Agency to assign the grievants to work rotating shifts and that there was no contractual basis for the assertion that the grievants were entitled to remain on the day shift. The Arbitrator noted that Article XV, Section 7 of the agreement, which the Union cited as a bar to the assignments, was inapplicable to the changes in the grievants' schedules and did not obligate the Agency to negotiate with the Union over the change. He held that Section 7 applied to changes in the operating hours of the Agency, not to changes in individual employee work schedules. Consequently, the Arbitrator denied the grievances. III. Discussion The Union contends that the Arbitrator rewrote the parties' agreement when he held that (1) Article XV, Section 7 did not apply to individual shifts and (2) the Agency had no obligation to negotiate with the Union concerning the shift assignments. The Union also argues that the Arbitrator ignored the parties' past practice and ruled contrary to law when he found that there ws no past practice. We conclude that the Union's exception fails to establish that the Arbitrator's award is deficient. The exception constitutes nothing more than disagreement with the Arabitrator's interpretation and application of the collective bargaining agreement and such disagreement provides no basis for finding the award deficient. See, for example, U.S. Army Corps of Engineers, Kansas City District and National Federation of Federal Employees, Local 29, 22 FLRA No. 15 (1986) (interpretation and application of the collective bargaining agreement is a question solely for the arbitrator in that it is the arbitrator's construction of the agreement for which the parties have bargained). Accordingly, the Union's exception is denied. Issued, Washington, D.C., May 22, 1987. /s/ Jerry L. Calhoun, Chairman /s/ Henry B. Frazier III, Member /s/ Jean McKee, Member FEDERAL LABOR RELATIONS AUTHORITY