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The award provides, in pertinent part, that: Basic Principles, Alternating Current. Maintenance Expenditure Limits for Army Aircraft. The Agency further asserts that even if the Authority finds one of the provisions to be an arrangement, the award would still be deficient because it abrogates management’s rights in that it completely precludes the Agency from responding to fire alarms unless a specified number of firefighters were aboard the fire truck.
Materials handling and Storage. Under prong II, the Authority considers whether the arbitrator’s remedy reflects a reconstruction of what management would have done if it had not violated the law or contractual provision at issue.
Contracting Support on the Battlefield. The Agency’s denial of the grievance on the basis that the risk to soldiers, their families, civilian employees and visitors to the installation without emergency equipment responders would far outweigh risks aar fire department personnel, is construed as an assertion that the staffing levels sought by the Union affected its right to determine its internal security.
AR Fire and Emergency Services :: Military Publications – Army Regulations – USAHEC
Safety Manual for Operating and Maintenance Personnel. Army Helicopter Internal Load Operations. FLRA43 F. Phased Maintenance System for Army Aircraft. National Guard, Northport, Ala. Unit Maintenance Manual for 2.
Leader’s Unit Level Maintenance Handbook. Unit Maintenance Manual for Military Pyrotechnics. Aviation Intermediate Maintenance Manual: Operational Terms and Graphics. Petroleum Laboratory Testing and Operations. I would, therefore, set aside the award. Security Assistance-Policies, Objectives, and Responsibilities. According to the Arbitrator, he ruled only that the cross-staffing provision of AR provides no justification for deviating from the staffing requirements of DODI M with Mounting Kits: Security Assistance-Operations and Procedures.
The Arbitrator determined that the instruction “unequivocally calls for fire trucks to be staffed by a crew of four[. Troubleshooting and Repair of Radio Equipment.
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. Safety Inspection and Testing of Lifting Devices. Multiservice Helicopter Sling Load: Uncorrected Fault Record Aircraft. Aircraft Technical Inspection Worksheet.
According to the Arbitrator, this staffing places firefighters 420-900 fire victims at an increased risk. The grievance was submitted to arbitration and the Arbitrator framed the issue as follows:.
In making that assessment, the Authority defers to the arbitrator’s underlying factual findings. The grievance alleged that the Agency violated the parties’ collective bargaining agreement CBA and an Agency regulation by dispatching fire trucks to fires with only two firefighters aboard, rather than four as required by the regulation. Camouflage, Concealment, and Decoys. Operator’s Manual for Dispenser, Mine: 240-90 Abbreviations and Brevity Codes.
Unit Leaders’ Handbook for Environmental Stewardship. 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. Applying the abrogation test, I would find that the award effectively abrogates the Agency’s exercise of its right to determine its internal security practices.
Sr and Explosives Standards.
AR 420-90 Fire and Emergency Services
Military Occupational Classification and Structure. Maintenance Of 420-0 And Equipment: The Union did not file an opposition to the Agency’s exceptions.
The pertinent text of the CBA and regulations is set forth in the Appendix to this decision. History Recorder, Component, Module Record.
The Arbitrator interpreted and applied the provision and regulation to prohibit the Agency from dispatching 402-90 fire truck structural or aerial to a fire without four firefighters aboard.
In the standard of de novo review, the Authority assesses whether an arbitrator’s legal conclusions are consistent with the applicable standard of law.
In view of this determination, it is unnecessary to address the Agency’s remaining exceptions. 420-0 right to determine internal security practices includes an agency’s right to determine its firefighting operation because such 42-090 is used by an agency to protect and safeguard its personnel and property from fire by preventing and extinguishing fires. Policies and Procedures for Property Accountability. 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 Applying the analysis set forth above to this case, the award fails to satisfy prong I of the BEP test.
The Arbitrator found that the Agency violated the regulation as alleged.