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In making that assessment, the Authority defers to the arbitrator’s underlying factual findings. According to the Arbitrator, sr ruled only that the cross-staffing provision of AR provides no justification for deviating from the staffing requirements of DODI As the Authority stated in BOP, Oklahoma City, in determining whether an arbitrator’s enforcement of such a provision is authorized under the Statute, we will examine whether the contract provision, as interpreted and applied by the arbitrator, excessively interferes with the exercise of a management right.
The Agency contends that the award directly affects its ability to bring firefighters from elsewhere on the facility to the fire scene, to use smaller crews when necessary because of ag or attrition, or to adapt fire at procedures to handle fire emergencies and by doing so, directly affects its ability to decide how best to protect personnel and property.
Contracting Support on the Battlefield. Requisitioning, Receipt, and Issue System.
The Arbitrator sustained the grievance and directed, “[e]ffective immediately, no fire truck structural or aerial shall be dispatched to a fire with fewer than four firefighters aboard. M with Zr Kits: Preventive Maintenance Schedule and Record. When a fire occurs, the Agency dispatches a fire truck with two firefighters aboard and two firefighters in an emergency vehicle.
Painting and Marking Army Aircraft. According to the Agency, the award would preclude management from assigning any firefighters to respond to a fire alarm qr a fire truck unless there were four available to 240-90 the task. As such, I would find that the award abrogates the Agency’s right to determine its internal security practices and, therefore, fails prong 1 of the BEP framework.
Concepts and Equipment of Petroleum Operations. Aircraft Status Information Record. Engine Component Operating Hours Record.
Armament Subsystem, Helicopter, 7. The Agency contends that the award is not based on the enforcement of a contract provision and, therefore, the two prong test set forth in United States Dep’t of the Treasury, Bureau of Engraving and PrintingWashington, D.
Requisition for Publications and Blank Forms.
Army Missile Materiel Readiness Report. The award provides, in pertinent part, that: The award severely restricts management’s right ad dispatch fire trucks to respond to fire alarms and, by doing so excessively interferes with management’s right to determine internal security practices.
AR 420-90 Fire and Emergency Services
Joint Doctrine for Combat Search and Rescue. History Recorder, Component, Module Record. The Agency’s fire department 4200-90 over the emergency medical responsibilities previously held by another Agency facility. Authorized Abbreviations and Brevity Codes. Aviation Intermediate Maintenance Manual: Balancing and Adapter Kits Marvel.
Equipment Inspection and Maintenance Worksheet. The Arbitrator next noted that in its grievance letter, the Union had requested the fire department to “discontinue Basic Life Support until staffing can be maintained a[t] the initial response levels per AR and DODI In circumstances where a fire has been reported and there are less than four firefighters available, the award would preclude management from dispatching any fire truck to protect personnel and property from such fire.
The Arbitrator stated that “even if [he] were authorized to grant dispensation from the regulations, he would not be inclined to do so under the facts presented. Unit Maintenance Manual for Military Pyrotechnics. Multiservice Helicopter Sling Load: Special Purpose Equipment and 42-090. National Guard, 402-90, Ala.
Applying the analysis set forth above to this case, the award fails to satisfy prong I of the BEP test. The Agency contends that the ae completely takes ad its right to assign the work of protecting personnel and property from fires, unless firefighters proceed to that work in groups of four.
The 420-900 text of the CBA and regulations is set forth in the Appendix to this decision. Accordingly, because the award affects management’s right to determine its internal security practices, and excessively interferes with management’s exercise of this right, it fails to satisfy prong I of BEP.
The Arbitrator found that the Agency’s use of two firefighters ad the truck and two in the emergency vehicle could not work. Referring to Chapter 35, Section Aviation Unit Maintenance Manual: Basic Principles, Direct Current. The Arbitrator interpreted and applied the provision and regulation to prohibit the Agency from dispatching any fire truck structural 420–90 aerial to a fire without four firefighters aboard.
The Arbitrator determined that the instruction “unequivocally calls for fire trucks to be staffed by a crew of four[.