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57 FLRA No. 111
U. S. Dept. of Veterans Affairs, Alaska Health Care System Anchorage, Alaska and AFGE, Local 3028, (Cohen, Arbitrator), 0-AR-3418 (Decided November 20, 2001)
The Arbitrator found that the Agency violated the parties' collective bargaining agreement by failing to promote the grievant when his position was reclassified to a higher grade. The Arbitrator retroactively promoted the grievant to the higher-graded position and awarded the grievant backpay. The Authority found that the Agency failed to show that the award was deficient under § 7122(a) of the Statute.
The Authority found that the award was not contrary to 5 C.F.R. §§ 300.603(b) or 300.604(b). The Authority noted that requirements of 5 C.F.R. §§ 300.603(b) and 300.604(b) are limited to promotion into a position in the competitive service. Here, the record indicated that the grievant was promoted to an excepted service position under a veterans readjustment appointment pursuant to 5 C.F.R. Part 307. Thus, §§ 300.603(b) and 300.604(b) were not applicable to the grievant's promotion. The Authority also found that the award did not violate time-in-grade requirements or qualification standards, nor the Back Pay Act.