23:0259(32)AR - Mare Island Naval Shipyard and IFPTE Local 11 -- 1986 FLRAdec AR



[ v23 p259 ]
23:0259(32)AR
The decision of the Authority follows:


 23 FLRA No. 32
 
 MARE ISLAND NAVAL SHIPYARD
 Activity
 
 and
 
 INTERNATIONAL FEDERATION OF
 PROFESSIONAL AND TECHNICAL
 ENGINEERS, LOCAL 11, AFL-CIO-CLC
 Union
 
                                            Case No. 0-AR-1105
 
                                 DECISION
 
                         I.  STATEMENT OF THE CASE
 
    This matter is before the Authority on an exception to the award of
 Arbitrator Thomas Angelo 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.
 
                  II.  BACKGROUND AND ARBITRATOR'S AWARD
 
    In his initial award the Arbitrator ruled that the grievant's
 performance had been improperly rated as "marginal" under critical
 elements 3, 5, and 7 in her annual performance appraisal.  As a remedy
 the Arbitrator voided the appraisal and ordered the grievant's
 performance under those elements reevaluated.  In particular, he ordered
 her performance under elements 3 and 5 reevaluated because he determined
 that the rating was based only on events during two months of the
 twelve-month appraisal period and did not properly consider her
 performance under another supervisor earlier in the appraisal period.
 The Arbitrator also retained jurisdiction to resolve any disputes
 regarding the remedy.  According to the A