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60 FLRA No. 136
Library of Congress and Congressional Research Employees Association IFPTE, Local 75 (Clark, Arbitrator) 0-AR-3835 (Decided March 10, 2005)
The Arbitrator found that the Agency violated the parties' agreement by failing to conduct a performance appraisal for an employee who retired and by failing to give him a performance award, in lieu of a performance-based pay adjustment, and by informing the Union that similarly situated employees were not eligible for performance awards. The Authority set aside the portion of the award requiring the Agency to grant performance awards, in lieu of a performance-based pay adjustment, to the grievant and similarly situated employees.
The Authority found that the Arbitrator's award did not represent a plausible interpretation of the agreement, and the award failed to draw its essence from the agreement. Accordingly, the Authority set aside the award to the extent that it required the Agency to give the grievant and similarly situated employees a performance-based pay adjustment in the form of a performance award rather than as an increase to the base.