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59 FLRA No. 30
U. S. Dept. of The Army, Army Missile Command, Army Communications Command Agency, Redstone Arsenal, Alabama and AFGE, Local 1858 (Bowling, Arbitrator) 0-AR-3644 (Decided September 22, 2003)
The Arbitrator found that the grievant did not receive fair and equal treatment in her application for a temporary vacancy and directed that she be selected for a GS-13 position for 1 year. The Authority found the award deficient and set it aside.
The Authority noted that in resolving whether an arbitrator's award violates management's rights under § 7106 of the Statute, it applies the framework established in BEP, 53 FLRA 146. The Authority added that an award requiring an agency to make an actual selection for an appointment affects management's right to select under § 7106(a)(2)(C) of the Statute. Here, the award ordered the Agency to place the grievant in a GS-13 position for 1 year. Consequently, the award affected management's right to select. Applying the BEP analysis, the Authority further found that the award failed to satisfy prong I of BEP because it did not enforce an applicable law within the meaning of § 7106(a)(2) or a collective bargaining agreement provision negotiated pursuant to § 7106(b) of the Statute.