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60 FLRA No. 39
U. S. Dept. of Transportation, FAA, Jacksonville Center, Jacksonville, Florida and Professional Airways Systems Specialists (Soll, Arbitrator) 0-AR-3809 (Decided August 23, 2004)
The Arbitrator sustained the grievance, which alleged that the Agency failed to promote the grievant in a timely manner. The Arbitrator ordered the Agency to retroactively promote the grievant and make him whole for any pay and benefit losses. The Authority denied the Agency's exceptions.
The Authority found that the Agency did not demonstrate that the award affected management's right to assign work or to direct employees under 5 U.S.C. § 7106(a)(2)(A) and (B). The Authority also found that the award was not contrary to Agency rules and regulations. The Authority noted that the Agency did not cite to any rule or regulation with which the award allegedly conflicted.