17:0103(21)AR - HHS, SSA, Charlotte, North Carolina District and AFGE Local 3509 -- 1985 FLRAdec AR



[ v17 p103 ]
17:0103(21)AR
The decision of the Authority follows:


 17 FLRA No. 21
 
 DEPARTMENT OF HEALTH
 AND HUMAN SERVICES, SOCIAL
 SECURITY ADMINISTRATION,
 CHARLOTTE, NORTH CAROLINA
 DISTRICT
 Activity
 
 and
 
 AMERICAN FEDERATION OF
 GOVERNMENT EMPLOYEES,
 LOCAL 3509, AFL-CIO
 Union
 
                                            Case No. O-AR-418
 
                                 DECISION
 
    This matter is before the Authority on exceptions to the award of
 Arbitrator Harold D. Jones, Jr. 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 grievance involved herein concerned the grievant's reassignment
 from the position of claims representative trainee, GS-7, to the
 position of service representative, GS-7.  A grievance was filed and
 submitted to arbitration claiming that the reassignment was not in
 accordance with the parties' collective bargaining agreement.  The
 Arbitrator determined that the Activity had reassigned the grievant in
 order to avoid having to take disciplinary action against him, which
 action would have to be in accordance with Article 22, Disciplinary
 and/or Adverse Actions, of the parties' agreement.  Consequently, the
 Arbitrator ruled that the reassignment was not in accordance with the
 agreement and directed that the grievant