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57 FLRA No. 195
U. S. Information Agency, Broadcasting Board of Governors, Washington, D.C. and AFGE, Local 1812 (Clark, Arbitrator), 0-AR-3435 (Decided July 10, 2002)
Following remand from 57 FLRA 261 (2001) the Arbitrator clarified his previous award and found that while the Agency could charge the grievant with misconduct under 5 U.S.C. Chapter 75, it committed a prohibited personnel practice by charging the grievant with misconduct based solely on performance that was governed by and met the critical elements set forth for the employee's position. The Arbitrator again reversed the Agency's five day suspension. The Authority denied the Agency's exception finding that the Agency failed to show that the Arbitrator erred in determining that the Agency committed a prohibited personnel practice.