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56 FLRA No. 112
U.S. Department of Agriculture, Farm Service Agency, Oklahoma State Office Stillwater, Oklahoma and AFGE, Local 3354 (Harr, Arbitrator), 0-AR-3295 (Decided September 22, 2000)
The Arbitrator sustained the Union's grievance, finding that the reviewing official improperly ordered that the grievant's performance appraisal be reduced from a rating of outstanding to superior. As a remedy, the Arbitrator ordered that the grievant's performance rating be restored to outstanding. The Authority found that the award was not contrary to an Agency regulation.
The Agency argued that the award was contrary to the standards contained in the FSA Handbook. The Authority found, based upon the plain wording of the FSA Handbook, as quoted in the record, that the Agency failed to demonstrate that the Arbitrator erred in resolving the case as he did. Additionally, the Authority found that the Agency's exception did not establish that the award failed to draw its essence from the parties' agreement.