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60 FLRA No. 86
U. S. Dept. of Health and Human Services Centers for Medicare and Medicaid Services and AFGE, Local 1923 (Aronin, Arbitrator) 0-AR-3817 (Decided November 23, 2004)
The Arbitrator sustained a grievance alleging that the Agency failed to properly grant the grievant priority consideration as required by the parties' agreement and ordered the Agency to place the grievant in the Health Insurance Specialist GS-7 position. The Arbitrator also ordered the Agency to evaluate the grievant after one year for the GS-9 level and promote the grievant if she is qualified. Finally, the Arbitrator ordered back pay for the GS-9 position if the grievant is promoted after one year at the GS-7 position. The Authority denied the Agency's contrary to law, essence, fair hearing and ambiguity exceptions and set aside the part of the award granting back pay contingent on the grievant's promotion to the GS-9 level after one year.