42:1109(77)AR - - VA, Waco, Texas and AFGE Local 2571 - - 1991 FLRAdec AR - - v42 p1109
[ v42 p1109 ]
The decision of the Authority follows:
42 FLRA No. 77
Before Chairman McKee and Members Talkin and Armendariz.
I. Statement of the Case
This matter is before the Authority on an exception to an award of Arbitrator A. Dale Allen 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 to the Union's exception.
The Arbitrator denied a grievance which asserted that the grievant should have been selected for promotion to the position of GS-05 Senior Development Clerk. For the following reasons, we conclude that the Union's exception provides no basis for finding the award deficient. Accordingly, we will deny the exception.
II. Background and Arbitrator's Award
The grievant applied for a GS-5 Senior Development Clerk position. When the grievant was not selected for the position, she submitted a written request to the selecting official for the reason she was not selected. The selecting official replied that the most qualified candidate was selected but "he gave no specific reason for [the grievant's] non-selection." Award at 3. Thereafter, the grievant filed a grievance alleging that she was not selected "because of the non-job related factors of age and her attempts to bring problems to the attention of her supervisors." Id. at 4. When the grievance was not resolved, it was submitted to arbitration.
The Arbitrator found that the testimony and documentary evidence presented at the arbitration hearing did not support the grievant's contentions that the Agency improperly failed to select her for the disputed position. The Arbitrator determined that the