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59 FLRA No. 38
U. S. Dept. of Veterans Affairs, Cleveland Regional Office, Cleveland, Ohio and AFGE, AFL-CIO, Local 2823 (Watson, Arbitrator) 0-AR-3499 (Decided September 29, 2003)
The grievance alleged that the Agency improperly failed to promote employees, under a career-ladder, from GS-9 to GS-11 level. The Arbitrator sustained the grievance, finding that the Agency unilaterally established a new grade level of GS-10 for a position in violation of the parties' collective bargaining agreement. The Arbitrator ordered the Agency to promote the grievants to the GS-11 level with backpay. The Authority concluded that the remedy providing for the grievants' retroactive promotion with backpay was contrary to law. Accordingly, that portion of the award was set aside.