File 2: Opinion of Chairman Cabaniss
[ v57 p229 ]
Dissenting opinion of Chairman Cabaniss:
I disagree with my colleagues' analysis in several respects, and therefore, I respectfully dissent.
With respect to the portion of the Award raising the grievant's performance appraisal, I do not agree that the extremely general language of Article 38, which requires only that the Agency treat employees "fairly and equitably," without reference to any particular Agency actions, can reasonably be construed as an appropriate arrangement under § 7106(b)(3) of the Statute. I can see no way in which this generic provision ameliorates the adverse effects flowing from the exercise of any management right, or serves as a prophylactic measure preventing adverse