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61 FLRA No. 20
U. S. DEPT. OF THE TREASURY, IRS, GREENSBORO, NORTH CAROLINA AND NTEU, CHAPTER 50, Case No. 0-AR-3910 (Ferguson, Arbitrator) (July 14, 2005)
The Arbitrator found that the Agency failed to counsel the grievant regarding his performance deficiencies in the manner required by the parties' agreement. As a remedy, the Arbitrator directed the Agency to raise the ratings the grievant received on his annual performance appraisal to the ratings of his previous appraisal. The Authority denied the Agency's exceptions rejecting the allegations that the award was based on a nonfact, that it failed to draw its essence from the agreement, or that it was inconsistent with management's rights under § 7106(a) of the Statute