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60 FLRA No. 13
U. S. Dept. of Veterans Affairs, Ralph H. Johnson Medical Center, Charleston, South Carolina and NAGE, Local R5-136 (Fraser, Arbitrator) 0-AR-3593 (Decided June 24, 2004)
The Arbitrator sustained a grievance alleging that the Agency violated the parties' agreement by failing to temporarily promote the grievant from a Computer Assistant, General Schedule (GS)-7 to a Computer Specialist GS-9, for duties performed at that grade level. The Authority found that the award, to the extent that it directed a retroactive temporary promotion of more than 120 days, was contrary to 5 C.F.R. § 335.103(c) and Agency Regulation MP-5, Part 1, Chapter 335, 14.a (Chapter 335, 14.a.). Accordingly, the award was modified consistent with this decision.