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60 FLRA No. 141
U. S. Dept. of the Treasury, IRS Large and Mid-size Business Division Omaha, Nebraska and NTEU, Chapter 3 (Fletcher, Arbitrator) Case No. 0-AR-3886 (Decided March 17, 2005)
The Arbitrator found that the Agency violated the parties' agreement by not affording the grievant proper priority consideration. To remedy the violation, the Arbitrator awarded the grievant a promotion to the next GS-14 position with backpay. The Authority denied the Agency's exceptions. The Authority found that the award did not violate the Agency's right to make selections under 5 U.S.C. § 7106(a)(2)(C), nor that it violated the Back Pay Act.