32:0806(118)AR - - SSA and AFGE - - 1988 FLRAdec AR - - v32 p806
[ v32 p806 ]
The decision of the Authority follows:
32 FLRA No. 118
UNITED STATES OF AMERICA
FEDERAL LABOR RELATIONS AUTHORITY
SOCIAL SECURITY ADMINISTRATION
AMERICAN FEDERATION OF GOVERNMENT
Case No. O-AR-1450
(31 FLRA 1277)
ORDER DENYING REQUEST FOR RECONSIDERATION
I. Statement of the Case
This matter is before the Authority on a request filed by the Union seeking reconsideration of the Authority's decision of April 28, 1988, which set aside an arbitrator's award. The Agency did not file an opposition.
For the reasons discussed below, we deny the request.
The grievance submitted to the Arbitrator concerned the performance rating the grievant received on two job elements of her annual performance appraisal. The Arbitrator determined that a fair evaluation would have given the grievant ratings on the two disputed ratings that were equal to or better than the ratings she had received the previous year. Accordingly, the Arbitrator ordered the grievant's performance appraisal rating for those two job elements changed to a higher rating.
We found that the Arbitrator did not make the finding required to cancel a performance rating: that the existing performance standards were applied to the grievant in violation of law, regulation, or the parties' collective bargaining agreement. See Social Security Administration and American Federation of Government Employees, AFL-CIO, 30 FLRA 1156 (1988). Instead, the Arbitrator directed the Activity to raise the grievant's performance appraisal ratings for the two disputed elements based only on his finding of what would have been a "fair" evaluation. Therefore, we held that the award was deficient and set it aside.
III. Union's Request For Reconsideration