18:0374(50)AR - Army Missile Command, Redstone Arsenal, AL and Local 1858, AFGE -- 1985 FLRAdec AR



[ v18 p374 ]
18:0374(50)AR
The decision of the Authority follows:


 18 FLRA No. 50
 
 U.S. ARMY MISSILE COMMAND, 
 REDSTONE ARSENAL, ALABAMA 
 Activity
 
 and
 
 LOCAL 1858, AMERICAN FEDERATION 
 OF GOVERNMENT EMPLOYEES, AFL-CIO 
 Union
 
                                            Case No. 0-AR-774
 
                                 DECISION
 
    This matter is before the Authority on exceptions to the award of
 Arbitrator Jack Clarke filed on behalf of the Activity by the Department
 of the Army (the Agency) under section 7122(a) of the Federal Service
 Labor-Management Relations Statute and part 2425 of the Authority's
 Rules and Regulations.
 
    According to the Arbitrator, the grievant was demoted from a GS-14 to
 a GS-13 level position as a result of a reduction-in-force (RIF) in
 1976.  From that time until the grievance before the Arbitrator in this
 case was filed in 1982, the grievant unsuccessfully sought repromotion
 to a number of GS-14 vacancies, including Job No. 2774 in 1978.  In the
 proceeding before the Arbitrator in December 1983, the Union essentially
 alleged that the Activity harassed the grievant or engaged in a practice
 of reprisal against him for testifying as a witness in a RIF-related
 court case in 1975, and that the Activity violated the parties' 1979
 collective bargaining agreement by failing to accord him proper
 consideration for repromotion.  The Arbitrator found that the evidence
 did not support the Union's allegation of harassment and reprisal
 against the grievant.  The Arbitrator further determined, however, that
 the Activity violated the parties' 1979 agreement when it failed to
 select the grievant for Job No. 2774 in 1978.  More specifically, the
 Arbitrator found that the selecting official referred only to
 qualification information on the grievant's Talent Bank Worksheet /1/ in
 making his decision and did not refer to other pertinent information
 concerning the grievant's qualifications in his personnel file as
 required by the parties' agreement.  The Arbitrator therefore concluded
 that the Activity violated the 1979 agreement when it failed to ensure
 in 1978 that the selecting official consider the qualification
 information contained in the grievant's personnel file.  As his award,
 the Arbitrator directed the activity to promote the grievant to GS-14 in
 Job No. 2774 with backpay retroactive from the date the grievance was
 filed.
 
    In its exceptions, the Agency contends, among other things, that the
 award is based on a nonfact.  In support of this exception, the Agency
 contends that there was no collective bargaining agreement between the
 parties in effect in 1978, that the decision not to select the grievant
 for Job No. 2774