17:0365(56)AR - EPA, Region 9 and Engineers and Scientists of California, MEBA -- 1985 FLRAdec AR



[ v17 p365 ]
17:0365(56)AR
The decision of the Authority follows:


 17 FLRA No. 56
 
 ENVIRONMENTAL PROTECTION AGENCY
 REGION 9
 Activity
 
 and
 
 ENGINEERS AND SCIENTISTS OF
 CALIFORNIA, MEBA, AFL-CIO
 Union
 
                                            Case No. O-AR-840
 
                                 DECISION
 
    This matter is before the Authority on exceptions to the award of
 Arbitrator Harvey Letter filed by the Activity under section 7122(a) of
 the Federal Service Labor-Management Relations Statute and part 2425 of
 the Authority's Rules and Regulations.
 
    The parties stipulated the issue before the Arbitrator as follows:
 
          Did the Employer violate Article XV of the Agreement in filling
       the position of Underground Injection Control Team Leader in the
       Water Supply Section?  If so, what shall be the remedy?
 
    In a corrected award, the Arbitrator ruled in favor of the Union and
 directed:
 
          1.  In filling professional positions of Grades GS-12 and
       above, including Team Leader positions, that are encompassed by
       the "Unit Designation" which appears in Article I, Section 3 of
       the Parties' Labor-Management Agreement, the Employer shall
       implement the procedures of Article XV of the Agreement.
 
    In its exceptions, the Activity contends that the award is contrary
 to law and