51:0580(51)AR - - NAGE Local R4-6 and Army Transportation Center, Fort Eustis, Virginia - - 1995 FLRAdec AR - - v51 p580
[ v51 p580 ]
The decision of the Authority follows:
51 FLRA No. 51
FEDERAL LABOR RELATIONS AUTHORITY
NATIONAL ASSOCIATION OF GOVERNMENT EMPLOYEES
U.S. DEPARTMENT OF THE ARMY
ARMY TRANSPORTATION CENTER
FORT EUSTIS, VIRGINIA
November 30, 1995
Before the Authority: Phyllis N. Segal, Chair; and Tony Armendariz, Member.
I. Statement of the Case
This matter is before the Authority on an exception to an award of Arbitrator Irving N. Tranen 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 Regulations. The Agency filed an opposition to the Union's exception.
The Arbitrator denied a grievance contesting the Agency's failure to promote the grievant. For the following reasons, we conclude that the Union has not established that the award is deficient under section 7122(a) of the Statute. Accordingly, we deny the exception.
II. Arbitrator's Award
The grievant, an employee who had been "bumped" from the position of Supervisor, Television Production Specialist as a result of a reduction-in-force (RIF), sought and was granted priority consideration for his former position when it subsequently became vacant. The selecting official rejected the grievant stating: "[I]ndividual lacks sufficient technical knowledge." Award at 2. Thereafter, the grievant applied for the vacancy competitively and was one of the three best qualified candidates referred to the selecting official. After the grievant was not selected competitively, he filed a grievance contending that he was wrongfully denied priority consideration for the position. The grievance was submitted to arbitration on the following issue, as set forth by the Arbitrator:
Did the Agency violate [the parties' collective bargainin