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In this case, the Agency’s firefighting operation is used by the Agency to protect and safeguard its personnel and property by preventing and extinguishing fires, responding to medical emergencies, and handling hazardous materials and terrorist threats.
The Union did not file an opposition to the Agency’s exceptions.
AR Fire and Emergency Services :: Military Publications – Army Regulations – USAHEC
Preparation for Overseas Movement of Units. In the standard of de novo review, the Authority assesses whether an arbitrator’s legal conclusions are consistent with the applicable standard of law. Occupational and Environmental Health: Basic Operations and Equipment. Also, he denied the remedy originally requested by 420-09 Union. Military Occupational Classification and Structure.
Troubleshooting and Repair of Radio Equipment.
Operator’s Manual for Pyrotechnic Signals. Safety Inspection and Testing of Lifting Devices.
Painting and Marking Army Aircraft. Aviation Electronics Configuration Directory.
Maintenance Expenditure Limits for Army Aircraft. Aircraft Status Information Record. 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. 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.
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. Authorized Abbreviations and Brevity Codes. Army Missile Materiel Readiness Report. Unit Leaders’ Handbook for Environmental Stewardship.
This matter is before the Authority on exceptions to an award of Arbitrator E. Applying the analysis set forth above to this case, the award fails to satisfy prong I of the BEP test.
AR 420-90 Fire and Emergency Services
Basic Principles, Direct Current. Sign In Sign Out. Aircraft Technical Inspection Worksheet.
I would, therefore, set aside the award. The award severely restricts management’s right to dispatch fire trucks to respond to fire alarms and, by doing so excessively interferes with management’s right to determine internal security practices.
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. Phased Maintenance System for Army Aircraft. Preventive Maintenance Schedule and Record.
The Agency asserts that the threat to personnel and property from a burning fire is readily apparent, but under the award, if such fire should occur, management would be forbidden from responding 420-990 it unless and until four firefighters were assigned to a fire truck.
Engine Component Operating Hours Record. Basic Principles, Alternating Current. Camouflage, Concealment, and Decoys. Operator’s Manual for Dispenser, Mine: Operation of Retail Activities.
The Arbitrator interpreted and applied the provision and regulation to prohibit the Agency from dispatching any fire truck structural or aerial to a fire without four firefighters aboard. Aviation Intermediate Maintenance Manual: Army Motor Transport Units and Operations. 42-90
Army Helicopter Internal Load Operations. 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 aar at issue.
Recommended Changes to Publications and Blank Qr. 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 FLRA43 F. The right to determine internal security practices includes an agency’s right to determine its firefighting operation because such operation is used by an agency to protect and safeguard its personnel and property from fire by preventing and extinguishing fires.