Click here to view the decision.
57 FLRA No. 126
U.S. Dept. of Veterans Affairs, Medical Center, Houston, Texas and AFGE, Local 1633 (Nicholas, Jr, Arbitrator), 0-AR-3439 (Decided December 17, 2001)
In the initial award, the Arbitrator found that the grievance was arbitrable. In the merits award, the Arbitrator concluded that the Agency violated Article 22, § 8 of the parties' collective bargaining agreement and, as a remedy, ordered the Agency to promote the grievants. The Authority concluded that the award was not deficient and denied the Agency's exceptions.
The Authority rejected the allegations that the award failed to draw its essence from the parties' agreement, or that it was contrary to 5 C.F.R. Part 335. With regard to the latter, the Authority noted that although the Agency was correct that it may promote, demote, or reassign certain employees under 5 C.F.R. part 335, it failed to demonstrate that the award in this case prevented it from exercising those rights. The Authority found that the award neither required the Agency to reverse the promotions already made nor prevented the Agency from promoting, demoting, or reassigning other employees.