14:0640(87)AR - Georgia NG, Fort Steward, GA and Georgia ACT Union -- 1984 FLRAdec AR



[ v14 p640 ]
14:0640(87)AR
The decision of the Authority follows:


 14 FLRA No. 87
 
 GEORGIA NATIONAL GUARD,
 FORT STEWART, GEORGIA
 Activity
 
 and
 
 GEORGIA ASSOCIATION OF
 CIVILIAN TECHNICIANS UNION
 Union
 
                                            Case No. O-AR-441
 
                                 DECISION
 
    This matter is before the Authority on an exception to the award of
 Arbitrator J. Earl Williams filed by the Agency under section 7122(a) of
 the Federal Service Labor-Management Relations Statute and part 2425 of
 the Authority's Rules and Regulations.
 
    The dispute in this matter concerns the Activity's selection of three
 employees for a general mechanic leader position.  A grievance was filed
 and submitted to arbitration challenging one of the selections.  The
 Arbitrator essentially determined that the selection of that employee
 did not fully conform to the negotiated procedures for merit promotion
 of the parties' collective bargaining agreement.  Accordingly, his award
 was as follows:
 
          The proper resolution of the subject grievance is to award
       "priority consideration" to the remaining nine candidates in
       question.  Other employees will not be eligible for consideration
       for the next leader position for General Mechanic.  After filling
       one more such position, other employees will be eligible to apply.
        Those receiving "priority consideration" will not be required to
       resubmit their SF 171s for certification.
 
    In its exception the Agency contends that the award is contrary to
 section 7106(a)(2)(C) of the Statute.  The Authority agrees.
 
    The Authority has expressly held that section 7106(a)(2)(C) provides
 for management's right to select from among a group of properly ranked
 and certified candidates for promotion or from any appropriate source.
 U.S. Army Infantry Center, Ft. Benning, Georgia and American Federation
 of Government Employees, Local 54, AFL-CIO, 12 FLRA No. 38 (1983).
 Therefore, in terms of this case, the award to the extent that it
 requires the Activity to fill the next general mechanic leader position
 from only among the original nine candidates is deficient as contrary to
 section 7106(a)(2)(C) and must be modified accordingly.  Therefore, the
 award is modified to provide as follows:
 
          The proper resolution of the subject grievance is to award
       "priority consideration" to the remaining nine candidates in
       question.  Those receiving "priority" consideration will not be
       required to resubmit their SF 171s for certification.
 
 Issued, Washington, D.C., May 17, 1984
                                       Barbara J. Mahone, Chairman
                                       Ronald W. Haughton, Member