27:0038(9)AR - Ass't Secretary for Health, Public Health Service, and Local 41, AFGE -- 1987 FLRAdec AR



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27:0038(9)AR
The decision of the Authority follows:


 27 FLRA No. 9
 
 OFFICE OF ASSISTANT SECRETARY 
 FOR HEALTH, U.S. PUBLIC HEALTH 
 SERVICE
 Agency
 
 and
 
 LOCAL 41, AMERICAN FEDERATION 
 OF GOVERNMENT EMPLOYEES, AFL-CIO
 Union
 
                                            Case No. 0-AR-1294
 
                                 DECISION
 
                         I.  Statement of the Case
 
    This matter is before the Authority on exceptions to the award of
 Arbitrator James P. Whyte filed by the Union under section 7122(a) of
 the Federal Service Labor-Management Relations Statute (the Statute) and
 part 2425 of the Authority's Rules and Regulations.
 
                  II.  Background and Arbitrator's Award
 
    The grievance alleged that in the course of abolishing the grievant's
 GS-15 position and assigning him to a GS-14 position, the Agency
 violated reduction-in-force (RIF) regulations;  denied him statutory
 retention rights;  and reneged on a promise to approve a request to
 detail him to a United Nations agency for two years.
 
    The Arbitrator rejected the allegations.  The Arbitrator essentially
 found that:  the RIF was justified;  the grievant was not singled out
 for discriminatory treatment;  the Agency properly applied RIF
 regulations in effect when the grievant's position was abolished;  the
 Union failed to establish that the