15:0283(63)AR - AFGE and EEO Commission -- 1984 FLRAdec AR



[ v15 p283 ]
15:0283(63)AR
The decision of the Authority follows:


 15 FLRA No. 63
 
 AMERICAN FEDERATION OF GOVERNMENT
 EMPLOYEES, AFL-CIO
 Union
 
 and
 
 EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
 Agency
 
                                            Case No. O-AR-403
 
                                 DECISION
 
    This matter is before the Authority on exceptions to the award of
 Arbitrator Harold C. White 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 filling of a supervisory
 equal opportunity specialist position.  A grievance was filed and
 submitted to arbitration claiming that the Agency violated the parties'
 collective bargaining agreement in filling the position.  The Arbitrator
 found that by posting the vacancy announcement for 22 days, the Agency
 violated the agreement provision providing for a maximum posting period
 of 20 days.  In so ruling the Arbitrator rejected the Agency's argument
 that the negotiated merit promotion plan of the agreement, including the
 20-day rule, was not intended to apply to supervisory positions.  To the
 Arbitrator it was clear that negotiated promotion procedures are
 permitted to encompass supervisory positions and that the parties'
 agreement covers employee promotions to supervisory positions.  As a
 remedy the Arbitrator dir