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59 FLRA No. 158
AFGE, Council 147 and Social Security Administration (Bergeson, Arbitrator) 0- AR-3741 (Decided April 27, 2004)
The Arbitrator sustained a grievance finding that the grievant had not been given "bonafide" priority consideration for a vacant position. The Union claimed that the Arbitrator erred in failing to grant a backpay award. The Authority denied the Union's exception.
The Authority found that there was no basis on which to find that, but for the Agency's failure to follow the agreement, the grievant suffered a loss of pay, allowances or differentials. Thus, the award did not meet one of the requirement of the Back Pay Act and was, therefore, deficient as contrary to the Back Pay Act.