Office of the General Counsel, National Labor Relations Board (Activity) and National Labor Relations Board Union (Union)



[ v06 p56 ]
06:0056(18)AR
The decision of the Authority follows:


 6 FLRA No. 18
 
 OFFICE OF THE GENERAL COUNSEL,
 NATIONAL LABOR RELATIONS BOARD
 Activity
 
 and
 
 NATIONAL LABOR RELATIONS BOARD UNION
 Union
 
                                            Case No. O-AR-59
 
                                 DECISION
 
    THIS MATTER IS BEFORE THE AUTHORITY ON EXCEPTIONS TO THE AWARD OF
 ARBITRATOR CORNELIUS J. PECK FILED BY THE UNION UNDER SECTION 7122(A) OF
 THE FEDERAL SERVICE LABOR-MANAGEMENT RELATIONS STATUTE (5 U.S.C.
 7122(A)).
 
    ACCORDING TO THE ARBITRATOR, THIS GRIEVANCE AROSE WHEN THE ACTIVITY
 PROMOTED CERTAIN EMPLOYEES WHO WERE GS-12 FIELD EXAMINERS TO GS-13
 NONSUPERVISORY FIELD EXAMINER POSITIONS.  IN DOING SO, THE ACTIVITY
 PASSED OVER FOR PROMOTION CERTAIN OTHER GS-12 FIELD EXAMINERS WHO HAD
 BEEN RECOMMENDED AND DECLARED ELIGIBLE FOR SUCH A PROMOTION AT AN
 EARLIER DATE THAN THE EMPLOYEES PROMOTED.  THE UNION ALLEGED THAT THE
 ACTIVITY VIOLATED THE PARTIES' COLLECTIVE BARGAINING AGREEMENT BY NOT
 FIRST PROMOTING THE EMPLOYEES WHO HAD BEEN RATED QUALIFIED THE LONGEST.
 THE MATTER WAS ULTIMATELY SUBMITTED TO ARBITRATION WITH THE ARBITRATOR
 STATING THE ISSUES AS FOLLOWS:
 
    1.  WHETHER OR NOT A PROMOTION OF A GS-12 FIELD EXAMINER TO THE
 POSITION OF GS-13 FIELD
 
    EXAMINER MUST BE GIVEN TO THE GS-12 FIELD EXAMINER WHO HAS LONGEST
 BEEN RATED QUALIFIED IN THE
 
    REGION