15:0783(148)AR - IRS, Brookhaven Service Center and NTEU Chapter 99 -- 1984 FLRAdec AR



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15:0783(148)AR
The decision of the Authority follows:


 15 FLRA No. 148
 
 INTERNAL REVENUE SERVICE,
 BROOKHAVEN SERVICE CENTER
 Activity
 
 and
 
 NATIONAL TREASURY EMPLOYEES
 UNION, CHAPTER 99
 Union
 
                                            Case No. O-AR-297
 
                                 DECISION
 
    This matter is before the Authority on exceptions to the award of
 Arbitrator James P. Whyte filed by the Union under section 7122(a) of
 the Federal Service Labor-Management Relations Statute and part 2425 of
 the Authority's Rules and Regulations.  The Agency filed an opposition.
 
    The Arbitrator as his award sustained the grievance insofar as he
 found the grievant entitled to restoration of her priority
 consideration.  However, under the parties' collective bargaining
 agreement which had been negotiated under the provisions of Executive
 Order No. 11491 (the Order), the Arbitrator determined that the award
 must be advisory rather than binding.  Consequently, the award only
 "advised" management to restore the grievant's priority consideration
 for the next appropriate vacancy.
 
    In one of its exceptions, the Union contends on the basis of
 Interpretation and Guidance, 2 FLRA 273 (1979) that the award is
 deficient as contrary to section 7121(b)(3)(C) of the Statute /1/ to the
 extent that it is advisory rather than binding.  In su