27:0130(24)AR - Defense Logistics Agency and AFGE Local 3953 -- 1987 FLRAdec AR
[ v27 p130 ]
The decision of the Authority follows:
27 FLRA No. 24 DEFENSE LOGISTICS AGENCY Agency and AMERICAN FEDERATION OF GOVERNMENT EMPLOYEES, LOCAL 3953 Union Case No. 0-AR-1303 DECISION I. Statement of the Case This matter is before the Authority on exceptions to the award of Arbitrator Harold H. Schroeder 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. The Agency filed an opposition. /1/ II. Background and Arbitrator's Award According to the Arbitrator, the grievant had been tentatively selected for a promotion, but the selection action was cancelled due to budgetary constraints. When he was notified that the position to which he was tentatively selected would not be filled, the grievant filed a grievance that was submitted to arbitration questioning whether management had just cause to deny the promotion to the grievant. The Arbitrator found that no final selection had been made. He also found that management's actions were not in violation of the parties' collective bargaining agreement and were not arbitrary or capricious. Consequently, he concluded that management had just cause to deny the promotion to the grievant, and as his award he denied the grievance. III. Discussion The Union contends that the award is contrary to 5 C.F.R. Section 335.103 and the Federal Personnel Manual (FPM) chapter 335, subchapter 1-4, Requirement 1, which pertain to merit promotion. We conclude that the Union has failed to establish that the Arbitrator's award is deficient on any of the grounds set forth in section 7122(a) of the Statute; that is, that the award is contrary to any law, rule or regulation, or that the award is deficient on other grounds similar to those applied by federal courts in private sector labor-management relations cases. See, for example, Department of Defense, 375 Air Force Base Group, Scott Air Force Base, Illinois and National Association of Government Employees, Local R7-23, 5 FLRA 55 (1981) (in which The Union failed to show that provisions of FPM chapter 335, in the circumstances presented, required the remedy desired by the Union or that the award was in any manner contrary to those regulations). Accordingly, the Union's exceptions are denied. /2/ Issued, Washington, D.C., May 29, 1987. /s/ Jerry L. Calhoun, Chairman /s/ Henry B. Frazier III, Member /s/ Jean McKee, Member FEDERAL LABOR RELATIONS AUTHORITY --------------- FOOTNOTES$ --------------- (1) Contrary to the contention of the Union, we find that under our rules, the opposition was timely filed. (2) The Union also requested a stay of the award when it filed its exceptions to the award with the Authority on February 1, 1987. Effective December 31, 1986, the Authority's Regulations were revised to revoke those portions pertaining to the filing of requests for stays of arbitration awards (51 Fed. Reg. 45754). Accordingly, no action on the stay request was taken.