33:0134(15)AR - - SSA, Data Operations Center, Albuquerque, NM and AFGE Local 3512 - - 1988 FLRAdec AR - - v33 p134
[ v33 p134 ]
The decision of the Authority follows:
33 FLRA No. 15
FEDERAL LABOR RELATIONS AUTHORITY
SOCIAL SECURITY ADMINISTRATION, DATA OPERATIONS CENTER,
ALBUQUERQUE, NEW MEXICO
AMERICAN FEDERATION OF GOVERNMENT EMPLOYEES,
October 14, 1988
Before Chairman Calhoun and Member McKee.
I. Statement of the Case
This matter is before the Authority on exceptions to the award of Arbitrator Benjamin M. Shieber. The grievant filed a grievance claiming that she was not selected for a promotion because of her Union activities and her filing of Equal Employment Opportunity (EEO) complaints. The Arbitrator found that the Activity followed the collective bargaining agreement in filling the vacancies and that the grievant failed to prove that she was not selected because of her Union activities or her filing of EEO complaints. Accordingly, the Arbitrator denied the grievance.
The Union filed exceptions 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 Activity did not file an opposition.
We conclude that the Union has failed to establish that the award is deficient because (1) the Arbitrator misinterpreted the collective bargaining agreement, (2) the Arbitrator erred in his statement of the Union's position, or (3) the Arbitrator erred when he found that the evidence was not sufficient to prove that the grievant was not