61 FLRA No. 57

SOCIAL SECURITY ADMINISTRATION AND AFGE (Bowers, Arbitrator), Case No. 0-AR-3936
(September 30, 2005)

      The Arbitrator sustained a grievance alleging that the Agency violated the parties' collective bargaining agreement in the non-selection of the grievant for merit promotion to the position of Claims Representative. The Authority found that the remedy ordered by the Arbitrator was deficient under § 7122(a)(1) of the Statute and set aside that portion of the award. The Authority rejected the allegations that the award failed to draw its essence from the parties' agreement, or that it was contrary to the right to select under § 7106(a)(2)(C) of the Statute.