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



[ v07 p567 ]
07:0567(87)AR
The decision of the Authority follows:


 7 FLRA No. 87
 
 GENERAL COUNSEL OF THE NATIONAL
 LABOR RELATIONS BOARD
 Activity
 
 and
 
 NATIONAL LABOR RELATIONS BOARD UNION
 Union
 
                                            Case No. O-AR-33
 
                                 DECISION
 
    THIS MATTER IS BEFORE THE AUTHORITY ON AN EXCEPTION TO THE AWARD OF
 ARBITRATOR RAYMOND L. BRITTON FILED BY THE AGENCY UNDER SECTION 7122(A)
 OF THE FEDERAL SERVICE LABOR-MANAGEMENT RELATIONS STATUTE (5 U.S.C.
 7122(A)) (THE STATUTE).
 
    ACCORDING TO THE ARBITRATOR'S AWARD, THIS MATTER CONCERNS THE
 ACTIVITY'S FILLING OF A PARTICULAR POSITION.  THREE ACTIVITY EMPLOYEES
 APPLIED FOR THE POSITION AND ONE OF THEM WAS SELECTED.  THE TWO
 EMPLOYEES WHO WERE NOT SELECTED FILED GRIEVANCES CLAIMING THAT THE
 SELECTION FAILED TO CONFORM TO THE PARTIES' COLLECTIVE BARGAINING
 AGREEMENT.  THE GRIEVANCES WERE NOT RESOLVED AND WERE ULTIMATELY
 SUBMITTED TOGETHER TO ARBITRATION.
 
    THE ARBITRATOR STATED THE ISSUE TO BE WHETHER MANAGEMENT'S REFUSAL TO
 SELECT ONE OF THE TWO GRIEVANTS VIOLATED THE CLERICAL PROMOTION
 PROVISION OF THE PARTIES' COLLECTIVE BARGAINING AGREEMENT.  AFTER
 REVIEWING THE EVALUATIONS OF THE CANDIDATES MADE BY THE ACTIVITY DURING
 THE SELECTION PROCESS, THE ARBITRATOR CONCLUDED THAT THE CANDIDATES'
 QUALIFICATIONS HAD NOT BEEN PROPERLY ASSESSED BY THE ACTIVITY IN
 ACCORDANCE WITH