15:0710(139)CA - HHS Region II and AFGE Local 1760 -- 1984 FLRAdec CA



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15:0710(139)CA
The decision of the Authority follows:


 15 FLRA No. 139
 
 DEPARTMENT OF HEALTH AND HUMAN
 SERVICES, REGION II
 Respondent
 
 and
 
 AMERICAN FEDERATION OF GOVERNMENT
 EMPLOYEES, LOCAL 1760, AFL-CIO
 Charging Party
 
                                            Case No. 2-CA-20354
 
                            DECISION AND ORDER
 
    This matter is before the Authority pursuant to the Regional
 Director's "Office Transferring Case to the Federal Labor Relations
 Authority" in accordance with section 2429.1(a) of the Authority's Rules
 and Regulations.
 
    Upon consideration of the entire record in this case, including the
 parties' stipulation of facts, accompanying exhibits, and the parties'
 contentions, the Authority finds:
 
    The complaint alleges that the Respondent, Department of Health and
 Human Services, Region II, violated section 7116(a)(1), (5) and (8) of
 the Statute by the action of its Personnel Office in failing to process
 the promotion and request for retroactive backpay for an employee of the
 Social Security Administration, Office of Hearings and Appeals (OHA),
 which the latter had sought pursuant to the outcome of an arbitration
 award rendered by Arbitrator Sidney J. Kronish on January 25, 1982.  /1/
 The Respondent refused to implement OHA's request based on its
 contention that compliance with the arbitrator's award would be unlawful
 as it would be