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61 FLRA No. 41
U. S. DEPT. OF THE TREASURY, IRS, WASHINGTON, D.C. AND NTEU,
(Abrams, Arbitrator)
Case No. 0-AR-3932 (September 7, 2005)
The Arbitrator found that the Agency violated law and the parties' agreement by implementing a policy that precluded job candidates from being included on a Best Qualified list if they fail to meet or exceed a particular rating score in connection with certain factors. Accordingly, he directed the Agency to rescind the policy, comply with the agreement, and grant affected employees priority consideration for future vacancies.
The Authority found that the award was not contrary to 5 U.S.C. § 2301(b)(1) and 5 C.F.R. § 300.102, or to management's right to make selections under § 7106(a)(2)(C) of the Statute denied the exceptions.