19:0244(28)AR - Labor and National Council of Field Labor Locals, Local No. 648 -- 1985 FLRAdec AR



[ v19 p244 ]
19:0244(28)AR
The decision of the Authority follows:


 19 FLRA No. 28
 
 DEPARTMENT OF LABOR
 Agency
 
 and
 
 NATIONAL COUNCIL OF FIELD LABOR LOCALS,
 LOCAL NO. 648, AFL-CIO
 Union
 
                                            Case No. O-AR-923
 
                                 DECISION
 
    This matter is before the Authority on exceptions to the award of
 Arbitrator Lawrence M. Cohen 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 before the Arbitrator concerned the Agency's failure to
 give special consideration for repromotion to the grievant, a
 repromotion eligible who had been downgraded as the result of a
 reduction-in-force.  The Arbitrator determined that the Agency's failure
 violated provisions of a Department of Labor Supplement to the Federal
 Personnel Manual respecting reductions-in-force.  Noting that the
 grievant was a "good candidate" for the vacancy in question, the
 Arbitrator determined that a mere direction that the grievant be given
 special consideration for a future vacancy would not "make the grievant
 whole." Consequently, as his award, the Arbitrator essentially directed
 the Agency to repromote the grievant retroactively and "make him whole
 for any losses he may have suffered."
 
    As one of its exceptions,