A test the Federal Labor Relations Authority (FLRA or Authority) formerly applied in determining whether an arbitration award enforcing a contract provision affecting management's § 7106(a) rights is deficient. Under that test (which was in existence for 12 years), an award enforcing a contractual provision that is an "arrangement" for employees adversely affected by the exercise of management's § 7106(a) rights would not be set aside unless it "abrogated" those rights--i.e., unless it left management no discretion at all with respect to the management right(s) at issue. For lead cases see 37 FLRA Nos. 20, 67, 70, 103 and 38 FLRA Nos. 3 and 21.
In 58 FLRA No. 21 the Authority, in a split decision, replaced the abrogation test with the "excessive interference" balancing test. Under that test FLRA weighs (a) the extent to which the contractual provision, as interpreted by the arbitrator, provides a "balm" to employees adversely affected by the exercise of a management right against (b) the extent to which it interferes with the exercise of management's rights and determines whether that interference is "excessive."