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60 FLRA No. 48
NTEU and U. S. Dept. of Health And Human Services Health Resources And Services Administration (Nagle, Arbitrator) 0-AR-3808 (Decided September 9, 2004)
The Arbitrator denied a grievance alleging that the Agency violated the parties' agreement by failing to promote the grievant to the GS-13 level. The Authority denied the Union's exceptions noting that the award was not contrary to law or based on a nonfact.
Here, the Arbitrator determined that, even though the grievant had received favorable performance appraisals, the grievant was not entitled to a career-ladder promotion because she did not satisfy the promotion criteria of the collective bargaining agreement. The Authority noted that the Union had not specified any provision of the Code of Federal Regulations or Authority precedent that required a career-ladder promotion when, as in this case in 1998, employees received a successful performance evaluation and worked 52 weeks at a lower grade.