45:0626(54)AR - - Red River Army Depot, Texarkana, TX and NAGE Local R14-52 - - 1992 FLRAdec AR - - v45 p626
[ v45 p626 ]
The decision of the Authority follows:
45 FLRA No. 54
FEDERAL LABOR RELATIONS AUTHORITY
U.S. DEPARTMENT OF THE ARMY
RED RIVER ARMY DEPOT
NATIONAL ASSOCIATION OF GOVERNMENT EMPLOYEES
July 22, 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 Lawrence Mann, Jr. 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 exception.
The Arbitrator ordered the performance ratings of eight grievants raised to "exceptional" and directed the Agency to award the grievants any cash awards connected with those ratings. For the following reasons, we conclude that the award is deficient and we will modify the award to require the Agency to reevaluate the grievants to determine their proper ratings.
II. Background and Arbitrator's Award
The Union filed a grievance contesting the "fully successful" performance ratings of eight grievants who were employed as WG-11 machinists. The Union claimed that the Agency had not objectively evaluated the grievants as required by Article XXVII of the parties' collective bargaining agreement.(*) Award at 2. The Union sought to have the grievants' performance ratings on various critical elements changed from "met" to "exceeded" and their summary ratings raised to "exceptional." Id. at 3.
When the grievance was not resolved, it was submitted to arbitration on the following issue, as framed by the Arbitrator:
Did the Agency violate Article XXVII in the ratings of each of the grievants included in this matter? If so, what shal