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56 FLRA No. 48
U.S. Department of the Navy, Supervisor of Shipbuilding, Conversion and Repair Newport News, Virginia and National Association of Government Employees Local R4-2, (Barrett, Arbitrator) Case No. 0-AR-3236 (Decided May 5, 2000)
The Arbitrator found that the Agency's selection process for filling a position vacancy was not fair nor in compliance with regulations or the parties' labor agreement. As a remedy, he ordered the Agency to rerun the selection process.
The Authority rejected the Agency's allegation that the award failed to draw its essence from the agreement, or that it was inconsistent with the now abolished Federal Personnel Manual (FPM). With regard to the Agency's exception that the award violated section 7106(a) of the Statute, the Authority remanded the case to the parties for resubmission to the Arbitrator for a clarification of the basis of the award.