32:1228(163)AR - - Federal Crop Insurance Corporation, Agriculture, Kansas City Operations Office and NFFE Local 858 - - 1988 FLRAdec AR - - v32 p1228
[ v32 p1228 ]
The decision of the Authority follows:
32 FLRA No. 163
UNITED STATES OF AMERICA
FEDERAL LABOR RELATIONS AUTHORITY
FEDERAL CROP INSURANCE CORPORATION
U.S. DEPARTMENT OF AGRICULTURE
KANSAS CITY OPERATIONS OFFICE
NATIONAL FEDERATION OF FEDERAL
EMPLOYEES, LOCAL 858
Case No. O-AR-1564
I. Statement of the Case
This matter is before the Authority on an exception to an award of Arbitrator Clifford E. Smith. A grievance was filed claiming that the grievant's performance appraisal was in error and that the grievant should have received a career-ladder promotion from GS-6 to GS-7. The Arbitrator sustained the grievance as to the performance appraisal issue and denied the grievance as to the promotion issue.
The Union filed an exception 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 Union contends that the denial of the grievance on the promotion issue violates the parties' collective bargaining agreement. The Agency filed an opposition.
We conclude that the Union has failed to establish that the award is deficient because it violates the parties' collective bargaining agreement. Accordingly, we will deny the Union's exception.