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59 FLRA No. 37
U. S. Dept. of HUD and AFGE, Local 3294 (McCurdy, Arbitrator) 0-AR-3518 (Decided September 26, 2003)
The Arbitrator found that four grievants (Grievants A, B, D, and H) were due backpay for various periods because they did not receive career-ladder promotions as of their one-year anniversary dates. The Authority denied the Agency's exceptions as to nonfact and its right to select under § 7106(a)(2)(C) of the Statute. The Authority denied the Agency's Back Pay Act exception as to Grievant H but granted the exception as to Grievants A, B, and D. Because the Arbitrator did not determine which two employees among Grievants A, B, and D would have been promoted and would have received backpay, the Authority remanded the matter to the parties, absent settlement, for resubmission to the Arbitrator to determine, if possible, which two of the three GS-13 grievants would have been promoted.