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58 FLRA No. 12
Social Security Administration, Region 5 and AFGE, Local 3239 (Dworkin, Arbitrator), 0-AR-3483 (Decided September 10, 2002)
The Arbitrator determined that the Agency failed to provide appropriate consideration to internal candidates for a position and awarded two of the candidates priority consideration for the next appropriate vacancy. The Authority concluded that the Agency failed to establish that the award was deficient.
The Authority found that the award was not contrary to § 7106(a)(2)(C) noting that the Agency misinterpreted the award. In evaluating whether consideration of internal candidates was real and meaningful, the Arbitrator only required the Agency to explain the nonselection of internal candidates. The Arbitrator did not require the Agency to explain why the selected candidate met the selecting official's notion of the ideal candidate. The Authority rejected the argument that the Arbitrator exceeded his authority, as well as the argument that the award failed to draw its essence from the agreement, or that it was based on a nonfact.