18:0312(39)AR - EEOC and AFGE Local 3504 -- 1985 FLRAdec AR



[ v18 p312 ]
18:0312(39)AR
The decision of the Authority follows:


 18 FLRA No. 39
 
 EQUAL EMPLOYMENT OPPORTUNITY 
 COMMISSION 
 Agency 
 
 and 
 
 AMERICAN FEDERATION OF GOVERNMENT 
 EMPLOYEES, LOCAL 3504 
 Union
 
                                            Case No. 0-AR-864
 
                                 DECISION
 
    This matter is before the Authority on an exception to the award of
 Arbitrator E. J. Forsythe 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 in this case concerned a delay in the recommendation of
 the grievant for a career-ladder promotion.  The Arbitrator found that
 the Agency had acted improperly when it failed to timely process the
 grievant's promotion action by her eligibility date which failure
 subjected the recommendation to a promotion freeze and apparently to a
 subsequent disapproval for lack of work at the higher-grade level when
 the freeze expired.  Accordingly, the Arbitrator awarded the grievant a
 retroactive promotion and backpay.
 
    In its exception the Agency contends that the award is contrary to
 the Back Pay Act, 5 U.S.C. Sec. 5596.  The Authority agrees.  The
 Authority has uniformly held with respect to cases where there has been
 a failure on the part of an agency to timely process a promotion action
 that the Back Pay Act provides the statutor