27:0130(24)AR - Defense Logistics Agency and AFGE Local 3953 -- 1987 FLRAdec AR



[ v27 p130 ]
27:0130(24)AR
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