27:0044(11)AR - VA, Winston-Salem, NC and AFGE Local 2880 -- 1987 FLRAdec AR



[ v27 p44 ]
27:0044(11)AR
The decision of the Authority follows:


 27 FLRA No. 11
 
 VETERANS ADMINISTRATION, 
 WINSTON-SALEM, N.C.
 Activity
 
 and
 
 AMERICAN FEDERATION OF GOVERNMENT 
 EMPLOYEES, LOCAL 2880
 Union
 
                                            Case No. 0-AR-1269
 
                                 DECISION
 
                         I.  Statement of the Case
 
    This matter is before the Authority on exceptions to the award of
 Arbitrator Lloyd L. Byars filed by the Agency 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
 
    A grievance was filed and submitted to arbitration in this case
 disputing the nonselection of the grievant for promotion to a GS-7
 claims examiner position.  The Arbitrator found "convincing evident or
 irregularities, omissions, and commissions in the selection process
 which indicate a reliance on non-job-related criteria as a basis for the
 nonselection of the grievant and which resulted in discrimination
 against the grievant for non-merit reasons" in violation of the parties'
 collective bargaining agreement.  However, the Arbitrator concluded that
 it was impossible to determine that "the Grievant would have been
 promoted but for the improper selction procedures of the selecting
 off