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60 FLRA No. 168
U. S. DEPT. OF THE TREASURY, IRS, HOUSTON, TEXAS AND NTEU, CHAPTER 222 (Bajork, Arbitrator) 0-AR-3885 (Decided May 20, 2005)
The Arbitrator sustained a grievance alleging that the Agency violated the parties' collective bargaining agreement by failing to place the three grievants on the best-qualified (BQ) list for a vacant position. As a remedy, the Arbitrator awarded the grievants priority consideration for future promotion vacancies. The Authority denied the exceptions.
The Authority rejected the allegations that the award was based on nonfacts, or that it failed to draw its essence from the agreement. The Authority also rejected the allegation that the award was contrary to law holding that the contractual provisions were within the Agency's discretion under 5 C.F.R. § 335.103(b)(4), and that nothing in these provisions, or the award, required the Agency to select or not select any candidate.