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56 FLRA No. 37
Social Security Administration, Chicago North District Office and AFGE, Local 1346 (Stern, Arbitrator), 0-AR-3191 (Decided April 28, 2000)
The Arbitrator sustained the grievance, determining that the Agency violated the parties' collective bargaining agreement in filling the temporary position of Adjudication Officer in the District Office, and ordered the initial selections be set-aside and the selection process be redone in accordance with the parties' agreement. The Authority found that the Agency did not establish that the award was deficient under section 7122(a) of the Statute.
The Authority rejected the allegation that the award failed to draw its essence from the parties agreement, or that it was based on a nonfact. It also rejected the allegation that the award was contrary to law, rule or regulation. Applying it's framework for resolving exceptions alleging that an award violates management's rights under section 7106 of the Statute, the Authority concluded that the award was not contrary to management's right to select under section 7106(a)(2)(C). ··___··As to the allegation that the award was contrary to 5 C.F.R. § 335.103(b)(4), the Authority found that because the award did not require the Agency to select from the Union list, or prohibit it from expanding the pool of candidates, it did not violate 5 C.F.R. § 335.103(b)(4).