The Adjutant General, State of Oklahoma, Air National Guard (Agency) and American Federation of Government Employees, Will Rogers Air National Guard, Local 3953 (Union)

 



[ v08 p112 ]
08:0112(23)AR
The decision of the Authority follows:


 8 FLRA No. 23
 
 THE ADJUTANT GENERAL,
 STATE OF OKLAHOMA, AIR
 NATIONAL GUARD
 Agency
 
 and
 
 AMERICAN FEDERATION OF
 GOVERNMENT EMPLOYEES,
 WILL ROGERS AIR NATIONAL
 GUARD LOCAL 3953
 Union
 
                                            Case No. 0-AR-146
 
                                 DECISION
 
    THIS MATTER IS BEFORE THE AUTHORITY ON EXCEPTIONS TO THE AWARD OF
 ARBITRATOR JAMES B. GILES FILED BY THE AGENCY UNDER SECTION 7122(A) OF
 THE FEDERAL SERVICE LABOR-MANAGEMENT RELATIONS STATUTE (THE STATUTE) (5
 U.S.C. 7122(A)) AND PART 2425 OF THE AUTHORITY'S RULES AND REGULATIONS
 (5 CFR PART 2425).  THE UNION DID NOT FILE AN OPPOSITION.
 
    ACCORDING TO THE ARBITRATOR, THE GRIEVANCE IN THIS CASE CONCERNED THE
 ELIGIBILITY OF CANDIDATES FOR PROMOTION AND PLACEMENT.  SPECIFICALLY, HE
 STATED THAT
 
    (T)HE MAIN ISSUE REVOLVED AROUND THE QUESTION OF WHETHER MANAGEMENT
 HAS VIOLATED THE
 
    COLLECTIVE BARGAINING AGREEMENT BY SELECTING AN APPLICANT WHO DID NOT
 MEET THE MANDATORY AND
 
    SELECTIVE FACTOR QUALIFICATIONS.
 
    THE ARBITRATOR DETERMINED THAT A CERTAIN AFSC RATING WAS A MINIMUM
 QUALIFICATION REQUIREMENT FOR APPOINTMENT TO THE FULL PERFORMANCE LEVEL
 OF THE POSITION IN DISPUTE AND THAT THE INDIVIDUAL SELECTED FOR THE
 POSITION CLEARLY DID NOT MEET THIS MANDATORY REQUIREMENT.  ACCORDINGL