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60 FLRA No. 27
U. S. Dept. of Health and Human Services Health Resources Services Administration Rockville, Maryland and NTEU (Donegan, Arbitrator) 0-AR-3796 (Decided August 10, 2004)
The Arbitrator sustained a grievance alleging that the Agency violated the parties' agreement in rating the grievant fully successful. As a remedy, he reinstated the grievant's rating of excellent from the previous year. The Agency excepted only to the remedy.
The Authority found that the Arbitrator's award reinstating the grievant's previous rating did not reflect a reconstruction of what management would have done had it not violated the parties' agreement. Consequently, the remedy portion of the award was deficient. The Authority modified the award to strike the portions directing the Agency to rescind the grievant's rating of fully successful, and reinstating the grievant's previous rating of excellent. The Agency was directed to properly reevaluate the grievant in accordance with the parties' agreement and applicable regulations.