16:1077(139)AR FLRA CASE INFORMATION SHEET      DIGEST HEADINGS      SUBJECT MATTER INDEX ENTRIES      STATUTE      DIGEST NOTES DECISION -- 1984 FLRAdec AR



[ v16 p1077 ]
16:1077(139)AR
The decision of the Authority follows:


16 FLRA NO. 139

U.S. NAVAL AIR STATION,
KEY WEST FLORIDA

     Activity

     and

AMERICAN FEDERATION OF GOVERNMENT
EMPLOYEES, LOCAL 1566

     Union

Case No. 0-AR-749

 

DECISION

This matter is before the Authority on exceptions to the award of Arbitrator David F. Sweeny 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 Union filed an opposition. 1

The parties submitted to arbitration the issue of whether the Activity's filling of the position of transportation equipment maintenance foreman was in full compliance with the provisions of the parties' collective bargaining agreement and the Activity's merit promotion plan regulation, NASKWINST 1200.4. The Arbitrator determined that the Activity did not fully comply with the agreement and the plan. Accordingly, the Arbitrator awarded as follows:

The grievance is sustained. The appointment of Thomas Gates to the position of Transportation Equipment Maintenance Foreman WS 10 should be rescinded. The position should be reposted in accordance with the provisions of the agreement and filled in accordance with the requirements of NASKWINST 12000.4.

As one of its exceptions, the Agency essentially contends that the award is contrary to FPM chapter 335 by ordering that the position be vacated in advance to corrective action. The Authority agrees. [ v16  p1077 ]

The Authority has repeatedly held that the incumbent employee in these cases is entitled pursuant to FPM chapter 335, appendix A, section A-4b to be retained in the position pending corrective action unless it is specifically determined that the incumbent could not originally have been properly selected. E.g., Department of Justice, Immigration and Naturalization Service and American Federation of Government Employees, Local 1919, 14 FLRA No. 86 (1984). In terms of this case, the Arbitrator did not specifically determine that a reconstruction of the selection acti