17:0382(61)AR - AFGE Local 2502 and Justice, Federal Prison System, Federal Correctional Institution -- 1985 FLRAdec AR



[ v17 p382 ]
17:0382(61)AR
The decision of the Authority follows:


 17 FLRA No. 61
 
 AMERICAN FEDERATION OF GOVERNMENT 
 EMPLOYEES, LOCAL 2502 
 Union
 
 and
 
 U.S. DEPARTMENT OF JUSTICE, 
 FEDERAL PRISON SYSTEM, 
 FEDERAL CORRECTIONAL INSTITUTION 
 Activity
 
                                            Case No. 0-AR-296
 
                                 DECISION
 
    This matter is before the Authority on exceptions to the award of
 Arbitrator Samuel H. Jaffee 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 dispute in this case concerns the failure of the grievant's
 supervisor to recommend the grievant for a career-ladder promotion to
 GS-11.  A grievance was filed and submitted to arbitration claiming that
 the grievant's failure to be promoted was without reasonable cause and
 requesting that she be promoted to GS-11 retroactive to the date she
 became eligible for promotion.  The Arbitrator expressly determined that
 the failure to recommend the grievant for promotion, or in other words
 the recommendation not to promote the grievant, was "arbitrary in a
 legal sense." Although the Arbitrator specifically acknowledged
 testimony that employees in career ladders are not automatically