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59 FLRA No. 149
U. S. Dept. of Education and AFGE, Local 3896 0-AR-3754 (Kaplan, Arbitrator) (Decided April 12, 2004)
The Arbitrator found that the Agency violated the parties' collective bargaining agreement by failing to promote the grievant to a GS-9 position. To remedy the violation, the Arbitrator ordered a retroactive promotion. The Authority found that the Agency failed to demonstrate that the award was deficient and denied the Agency's exception.
The Authority concluded that the award was not contrary to section 7106(a)(2)(C) of the Statutenoting that an arbitrator's enforcement of a career ladder provision in a CBA, when the grievant is in a career-ladder position and has fulfilled all the requirements of the career-ladder, does not affect management's right to select under § 7106(a)(2)(C) of the Statute. The Authority rejected the allegations that the award was contrary to the Back Pay Act, that it was based on a nonfact, or that the arbitrator exceeded his authority.