30:0779(90)AR - ACT and Pennsylvania NG -- 1987 FLRAdec AR

 30 FLRA NO. 90
 30 FLRA 776

 31 DEC 1987


ASSOCIATION OF CIVILIAN
TECHNICIANS

                   Union

      and

PENNSYLVANIA NATIONAL
GUARD

                   Agency

Case No. O-AR-1443

DECISION

     I. Statement of the Case

     This matter is before the Authority on exceptions to the
award of Arbitrator (Rev.) Edward J. Mullaly, S.J., 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. The Arbitrator found that the
Agency violated the collective bargaining agreement when it
failed to select the grievant for a position. The Union filed an
opposition to the Agency's exception. For the reasons stated
below, we find that the Arbitrator's award is deficient because
it interferes with management's right to select and therefore is
contrary to section 7106(a)(2)(C) of the Statute.

     II. Background and Arbitrator's Award

     The grievance in this case concerned the Agency's failure to
promote the grievant to the position of flight engineer. On
September 3, 1986, the Agency posted a Technician Vacancy
Announcement for the position of flight engineer. The grievant
applied for the job but was not selected. He was informed by
letter from the selecting official that in order to improve his
qualifications for future consideration he needed more training
in the aviation field and as a flight engineer. The grievant also
had been told that he needed to be in a compatible military unit
in order to be selected, but the letter from the selecting
official did not mention the noncompatibility issue as the reason
for the nonselection.

     A second job announcement was issued on December 17, 1986,
for the same position. The grievant and one other applicant
applied for the job. The other applicant withdrew from
consideration, and the grievant again was not selected. The
selecting official informed the grievant by letter of his
nonselecti