58 FLRA No. 100

U. S. Dept. of Defense, Alabama Air National Guard, Montgomery, Alabama and Association of Civilian Technicians, Alabama Air Chapter (Overton, Arbitrator), Case No. 0-AR-3594 (Decided March 31, 2003)

      The Arbitrator sustained a grievance alleging that the Agency violated the parties' collective bargaining agreement by noncompetitively reassigning a supervisory employee to a bargaining unit position without posting a vacancy announcement.

      The Authority found that the Agency established that the award was deficient because it impermissibly affected management's right to fill positions from any appropriate source, contrary to § 7106(a)(2)(C)(ii) of the Statute. The award was set aside