20:0783(91)AR - Defense Contract Administration, Service Management Area, Syracuse and NAGE Local R2-65 -- 1985 FLRAdec AR

 20 FLRA No. 91
 
 DEFENSE CONTRACT ADMINISTRATION 
 SERVICES MANAGEMENT AREA, 
 SYRACUSE
 Activity
 
 and
 
 NATIONAL ASSOCIATION OF GOVERNMENT 
 EMPLOYEES, LOCAL NO. R2-65
 Union
 
                                            Case No. 0-AR-926
 
                                 DECISION
 
    This matter is before the Authority on exceptions to the award of
 Arbitrator James A. Gross 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 Union filed an opposition.
 /1/
 
    The issue before the Arbitrator was whether the Activity violated the
 parties' collective bargaining agreement by noncompetitively appointing
 a cooperative education student-trainee to a career ladder Contract
 Specialist position.  According to the Arbitrator, the Activity
 advertised the position and the top five "Best Qualified" applicants
 were referred to the selecting official pursuant to the competitive
 procedures of the parties' negotiated merit promotion pLan.  Two
 university students who had participated in a cooperative education
 work-study program under a agreement between the defense Logistics
 Agency and their university also applied for the position.  After
 interviewing the candidates, the selecting official chose one of the
 student-trainees for the position and she was subsequently appointed to
 the position noncompetitively pursuant to Executive Order 12015.  /2/ A
 grievance was filed by one of five Best Qualified candidates who had
 been referred but not selected, alleging that the selection of the
 cooperative education student violated the parties' collective
 bargaining agreement.
 
    The Arbitrator found that merit promotion plans must list any
 exceptions to the competitive procedures