File 2: 0pinion of Member Armendariz

[ v59 p272 ]

Opinion of Member Armendariz, dissenting in part:

      I agree that the remedy of a retroactive promotion with backpay is deficient because it is contrary to the Back Pay Act and must be set aside. However, I disagree with the decision to remand the issue of an appropriate remedy to the parties for resubmission to the Arbitrator, absent settlement.

      In Unite