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56 FLRA No. 173
U.S. Dept. of Defense, Defense Commissary Agency, Seymour Johnson Air Force Base, North Carolina and National Association of Government Employees, Local R5-188 (McGinnis, Jr., Arbitrator), 0-AR-3338 (Decided December 22, 2000)
The Arbitrator sustained a grievance alleging that the grievant was entitled to a retroactive temporary promotion under the parties' collective bargaining agreement (CBA) and awarded the grievant back pay and associated benefits. The Authority denied the Agency's exceptions.
The Authority found that the Agency's focus on alleged violations of its discretion to bargain over permissive subjects as a basis for finding the Arbitrator's interpretation of the agreement deficient WAS misplaced. The Authority found that the Agency failed to demonstrate that the Arbitrator's enforcement of Article 31 was inconsistent with the Statute. The Authority noted that the Arbitrator's interpretation and enforcement of Article 31 to cover the grievant's detail to a supervisory position was consistent with the holdings of USDOD, 56 FLRA 855, and not contrary to law as the Agency alleged. The Authority also rejected the allegations that the award was contrary to the Back Pay Act, or that it was based on a nonfact