15:0012(3)AR - Army, Aberdeen Proving Ground Command, Aberdeen, MD and IAM Lodge 2424 -- 1984 FLRAdec AR



[ v15 p12 ]
15:0012(3)AR
The decision of the Authority follows:


 15 FLRA No. 3
 
 U.S. ARMY, ABERDEEN
 PROVING GROUND COMMAND,
 ABERDEEN, MARYLAND
 Activity
 
 and
 
 INTERNATIONAL ASSOCIATION
 OF MACHINISTS AND AEROSPACE
 WORKERS, AFL-CIO, LODGE 2424
 Union
 
                                            Case No. O-AR-455
 
                                 DECISION
 
    This matter is before the Authority on exceptions to the award of
 Arbitrator Robert J. Ables 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 Arbitrator in this case determined that the Activity had
 improperly adopted the procedures by which it filled two positions at
 WG-7.  Accordingly, the Arbitrator vacated the two selections for the
 positions and essentially directed the Activity to rerun the selection
 action and to select from the WG-6 drivers, including the incumbents, in
 the movements section at the time of the grievance.
 
    In its exceptions the Agency primarily contends that the award is
 contrary to section 7106(a)(2)(C) of the Statute and FPM chapter 335,
 appendix A, section A-4.  The Authority agrees.
 
    The Authority has repeatedly held that incumbent employees in these
 cases are entitled, pursuant to FPM chapter 335, appendix A