13:0251(43)AR - AFGE Local 2855 and Army, Military Traffic Management Command, Eastern Area -- 1983 FLRAdec AR



[ v13 p251 ]
13:0251(43)AR
The decision of the Authority follows:


 13 FLRA No. 43
 
 AMERICAN FEDERATION OF
 GOVERNMENT EMPLOYEES, AFL-CIO,
 LOCAL 2855
 Union
 
 and
 
 UNITED STATES ARMY,
 MILITARY TRAFFIC MANAGEMENT
 COMMAND, EASTERN AREA
 Activity
 
                                            Case No. O-AR-257
 
                                 DECISION
 
    This matter is before the Authority on exceptions to the award of
 Arbitrator Daniel House filed by the Agency under section 7122(a) of the
 Federal Service Labor-Management Relations Statute (the Statute) and
 part 2425 of the Authority's Rules and Regulations.
 
    The parties submitted to arbitration an issue of whether it was
 established that the two grievants were denied promotions because of
 management's failure to comply with merit promotion procedures.
 Although each of the grievants was informed within the hour prior to the
 arbitration hearing that they were being promoted, the Arbitrator
 expressly held that the Union had established that the denial of earlier
 promotions to the grievants was the result of management's failure to
 fairly administer the merit promotion procedures as specifically
 required by the parties' collective bargaining agreement and applicable
 regulation.  As his award in this respect, the Arbitrator ordered that
 the subsequent p