Army and Air Force Exchange Service, Fort Knox Exchange, Fort Knox, Kentucky (Activity) and American Federation of Government Employees, Local 2302, AFL-CIO (Union) 



[ v08 p256 ]
08:0256(56)AR
The decision of the Authority follows:


 8 FLRA No. 56
 
 ARMY AND AIR FORCE
 EXCHANGE SERVICE, FORT
 KNOX EXCHANGE, FORT KNOX,
 KENTUCKY
 Activity
 
 and
 
 AMERICAN FEDERATION OF
 GOVERNMENT EMPLOYEES,
 LOCAL 2302, AFL-CIO
 Union
 
                                            Case No. O-AR-154
 
                                 DECISION
 
    THIS MATTER IS BEFORE THE AUTHORITY ON EXCEPTIONS TO THE AWARD OF
 ARBITRATOR W. THOMAS MULHALL FILED BY THE AGENCY UNDER SECTION 7122(A)
 OF THE FEDERAL SERVICE LABOR-MANAGEMENT RELATIONS STATUTE (5 U.S.C. SEC.
 7122(A)) (THE STATUTE) AND PART 2425 OF THE AUTHORITY'S RULES AND
 REGULATIONS (5 CFR PART 2425).  THE UNION FILED AN OPPOSITION.
 
    ACCORDING TO THE ARBITRATOR, THE ISSUE IN THIS CASE INVOLVES THE
 QUESTION OF WHETHER THE GRIEVANT WAS GIVEN "REAL CONSIDERATION" FOR A
 POSITION AT THE ACTIVITY FOR WHICH SHE APPLIED AND WAS NOT SELECTED.
 THE ARBITRATOR NOTED THAT UNDER THE COLLECTIVE BARGAINING AGREEMENT AND
 AGENCY REGULATIONS, CANDIDATES FOR PROMOTION WOULD BE CONSIDERED ON THE
 BASIS OF QUALIFICATIONS, PERFORMANCE, POTENTIAL, AND LENGTH OF SERVICE.
 HOWEVER, HE FOUND NO EVIDENCE IN THE RECORD THAT QUALIFICATIONS,
 PERFORMANCE OR POTENTIAL WERE CONSIDERED BY THE ACTIVITY IN MAKING THE
 SELECTION AT ISSUE IN THIS CASE.  HE THEN DETERMINED THAT WITH NO
 CONSIDERATION BEING GIVEN TO THESE CRITERIA AND WI