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59 FLRA No. 98
U. S. Dept. of Labor, Washington, D.C. and AFGE, Local 12 (Butler, Arbitrator) 0-AR-3699 (Decided January 8, 2004)
The Arbitrator found that the Agency violated a settlement agreement and the parties' collective bargaining agreement when it failed to give the grievant priority consideration for a GS-14 position. To remedy the violation, the Arbitrator awarded the grievant a retroactive promotion to a GS-14 position within the Agency. The Authority denied the Agency's exceptions.
The Authority concluded that the award did not violate the Agency's right to make selections under § 7106(a)(2)(C) of the Statute. The Authority found that although the award affected management's right to make selections under § 7106(a)(2)(C) of the Statute, after applying the framework established in BEP, 53 FLRA 146, the Arbitrator's award reconstructed what the Agency would have done had it not violated the parties' settlement and collective bargaining agreements. The Authority also rejected the allegations that the award violated the Back Pay Act, or that the arbitrator exceeded her authority.