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59 FLRA No. 47
AFGE, Local 2206 and Social Security Administration, Southeastern Program Service Center, Birmingham, Alabama (Render, Arbitrator) 0-AR-3672 (Decided September 30, 2003)
The Arbitrator found that the Agency acted improperly by failing to include critical elements in probationary employees' position descriptions, but declined to grant the Union's requested remedy of reinstatement. The Arbitrator also found that the Agency did not act improperly by using certain trainee guidelines and numerical indicators to rate the probationary employees' performance, and that the Agency did not fail to reasonably accommodate certain probationary employees with disabilities. The Authority denied the exceptions.
The Authority found that the award was not contrary to law, rule, or regulation, specifically,5 U.S.C. § 4302(b)(1) and (2), 5 C.F.R. §§ 430.204, 432.103(h) and 29 C.F.R. § 1614.203. The Authority also rejected the allegations that the award did not draws its essence from the parties' agreement, that tit was based on nonfacts, or that it was ambiguous, incomplete or contradictory.