U.S. Department of Commerce, National Bureau of Standards, Washington, DC (Activity) and American Federation of Government Employees, Local 2186, Boulder, Colorado (Union) 

 

 3 FLRA No. 98
 
 U.S. DEPARTMENT OF COMMERCE,
 NATIONAL BUREAU OF STANDARDS,
 WASHINGTON, D.C.
 Activity
 
 and
 
 AFGE LOCAL 2186, BOULDER,
 COLORADO
 Union
 
                                            Case No. 0-AR-6
 
                                 DECISION
 
    THIS MATTER IS BEFORE THE AUTHORITY ON A PETITION FOR REVIEW OF THE
 AWARD OF ARBITRATOR FRED L. ROCKWELL FILED BY THE AGENCY UNDER SECTION
 7122(A) OF THE FEDERAL SERVICE LABOR-MANAGEMENT RELATIONS STATUTE (5
 U.S.C. 7122(A)).
 
    ACCORDING TO THE RECORD BEFORE THE AUTHORITY, THE ACTIVITY POSTED A
 VACANCY ANNOUNCEMENT FOR A POSITION AT THE WG-6 LEVEL.  THE FIVE
 APPLICANTS FOR THE POSITION INCLUDED THREE MERIT PROMOTION CANDIDATES
 (ONE OF WHOM WAS THE GRIEVANT), A REASSIGNMENT CANDIDATE, AND AN
 APPLICANT FROM OUTSIDE THE AGENCY WHO WAS ELIGIBLE FOR REINSTATEMENT.
 THESE LATTER TWO CANDIDATES WERE ELIGIBLE FOR THE POSITION
 NONCOMPETITIVELY.  THE REINSTATEMENT ELIGIBLE CANDIDATE WAS SELECTED FOR
 THE POSITION AND A GRIEVANCE WAS FILED WHICH CLAIMED THAT THE SELECTION
 VIOLATED THE PARTIES' NEGOTIATED AGREEMENT.
 
    THE GRIEVANCE WAS ULTIMATELY SUBMITTED TO ARBITRATION WITH THE
 ARBITRATOR STATING THE ISSUES BEFORE HIM AS FOLLOWS:
 
    1.  DID THE NATIONAL BUREAU OF STANDARDS VIOLATE THE NEGOTIATED
 AGREEMENT IN NON SELECTING
 
    THE GRIEVANT FOR PROMOTION TO THE POSITION OF TOOL AND PARTS
 ATTENDANT?
 
    2.  IF VIOLATION OCCURRED, WHAT REMEDY IS APPROPRIATE?
 
    AS TO THE FIRST ISSUE, THE ARBITRATOR DETERMINED THAT THE ACTIVITY'S
 SELECTION WAS DEFECTIVE BECAUSE IT DID NOT CONFORM TO THE NEGOTIATED
 AGREEMENT.  HE FOUND IN THIS REGARD THAT THE ACTIVITY HAD FAILED TO
 IDENTIFY ANY EFFORT TO UTILIZE TO THE MAXIMUM THE SKILLS AND TALENTS OF
 ITS EMPLOYEES, IN THIS CASE THE GRIEVANT, AS REQUIRED BY THE AGREEMENT.
 THE ARBITRATOR HAD CITED ARTICLE