Veterans Administration Hospital (Activity) and American Federation of Government Employees, Lodge 2201 (Union)



[ v04 p419 ]
04:0419(57)AR
The decision of the Authority follows:


 4 FLRA No. 57
 
 VETERANS ADMINISTRATION
 HOSPITAL
 Activity
 
 and
 
 AMERICAN FEDERATION OF
 GOVERNMENT EMPLOYEES,
 LODGE 2201
 Union
 
                                            Case No. O-AR-45
 
                  DECISION ON MOTION FOR RECONSIDERATION
 
    THIS MATTER IS BEFORE THE AUTHORITY ON A MOTION FILED BY THE AGENCY
 FOR RECONSIDERATION OF THE AUTHORITY'S DECISION IN THE ABOVE-ENTITLED
 CASE.  /1/ THE UNION FILED AN OPPOSITION.
 
    IN THIS CASE THE ARBITRATOR WAS PRESENTED WITH THE ISSUE OF WHETHER
 THE ACTIVITY VIOLATED THE PARTIES' COLLECTIVE BARGAINING AGREEMENT BY
 NOT SELECTING THE GRIEVANT FOR A PROMOTION.  THE ARBITRATOR SPECIFICALLY
 FOUND THAT THE ACTIVITY VIOLATED THE AGREEMENT WHEN IT FAILED TO FOLLOW
 THE SUBSTANTIVE REQUIREMENTS OF THE MERIT PROMOTION PLAN.  THE
 ARBITRATOR FURTHER DETERMINED THAT BECAUSE MANAGEMENT'S ACTIONS
 IMPROPERLY AND SUBSTANTIALLY SUPPORTED THE SELECTED EMPLOYEE'S
 CANDIDACY, HIS SELECTION HAD TO BE SET ASIDE.  IN ADDITION, THE
 ARBITRATOR ALSO SPECIFICALLY FOUND THAT THE GRIEVANT AS THE ONLY OTHER
 HIGHLY QUALIFIED CANDIDATE WOULD HAVE BEEN SELECTED FOR THE PROMOTION
 BUT FOR THE IMPROPER SELECTION OF THE EMPLOYEE SELECTED.  ACCORDINGLY,
 AS HIS AWARD, THE ARBITRATOR SET ASIDE THE THE ACTIVITY'S SELECTION FOR
 THE POSITION AND ORDERED THE GRIEVANT RETROACTIVELY PROMOTED TO THE
 POSITION WIT