43:1355(108)AR - - Treasury, Customs Service, Savannah, GA and NTEU - - 1992 FLRAdec AR - - v43 p1355



[ v43 p1355 ]
43:1355(108)AR
The decision of the Authority follows:


43 FLRA No. 108

FEDERAL LABOR RELATIONS AUTHORITY

WASHINGTON, D.C.

U.S. DEPARTMENT OF THE TREASURY

UNITED STATES CUSTOMS SERVICE

SAVANNAH, GEORGIA

(Agency)

and

NATIONAL TREASURY EMPLOYEES UNION

(Union)

0-AR-2171

DECISION

February 5, 1992

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 J. Earl Williams 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 Union filed an opposition to the Agency's exceptions.

A grievance was filed alleging that the Agency improperly rated and ranked an employee for a promotion. The Arbitrator sustained the grievance and awarded the employee priority consideration for the next available vacancy. For the following reasons, we conclude that the Agency's exception provides no basis for finding the award deficient. Accordingly, we will deny the exception.

II. Background and Arbitrator's Award

The grievant was an unsuccessful applicant for one of five vacancies for a GS-11 Senior Inspector position. The Agency's evaluation board gave the grievant the lowest score of the nine best qualified candidates. The grievant filed a grievance alleging that he was improperly rated and ranked in three evaluation factors and, when the grievance was not resolved, it was submitted to arbitration on the following stipulated issues:

Was the grievant properly ranked and rated by the Evaluation Board pursuant to the agreement?

If not, is he entitled to priority consideration for the next available vacancy?

Award at 2.

The Arbitrator noted that the parties' collective bargaining agreement provides that candid