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61 FLRA No. 38
NATIONAL LABOR RELATIONS BOARD AND NATIONAL LABOR RELATIONS BOARD UNION (Staudohar, Arbitrator) Case No. 0-AR-3940, (August 31, 2005)
The Arbitrator sustained, in part, a grievance alleging that the Agency violated the parties' collective bargaining agreement and the Statute in its appraisal of the performance of two employees.
The Authority remanded award to the parties and, absent settlement, the Arbitrator for findings and conclusions as to whether a prima facie case was made with respect to employee B and whether the Agency established an affirmative defense with respect to both employees A and B.