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58 FLRA No. 28
U. S. Dept. of the Air Force, Wright-Patterson Air Force Base, Ohio and AFGE, Local 1138 (Goggin, Arbitrator), 0-AR-3491 (Decided October 9, 2002)
The Arbitrator found that the Agency failed to provide the grievant with the performance guidance required under the parties' agreement and ordered the Agency to raise the grievant's performance ratings. The Authority concluded that the portion of the award ordering the Agency to raise the grievant's disputed ratings was deficient and modified the award accordingly.
The Authority found that the award was not based on a nonfact and that the Arbitrator did not exceed his authority However, the Authority found that the award was inconsistent with management's rights under § 7106(a)(2)(A) and (B) of the Statute. The Authority modified the award to strike the factor ratings ordered by the Arbitrator and direct the Agency to properly reevaluate the grievant in accordance with Article 15, Section 15.02 f. of the parties' agreement.