15:0012(3)AR - Army, Aberdeen Proving Ground Command, Aberdeen, MD and IAM Lodge 2424 -- 1984 FLRAdec AR

 15 FLRA No. 3
 
 U.S. ARMY, ABERDEEN
 PROVING GROUND COMMAND,
 ABERDEEN, MARYLAND
 Activity
 
 and
 
 INTERNATIONAL ASSOCIATION
 OF MACHINISTS AND AEROSPACE
 WORKERS, AFL-CIO, LODGE 2424
 Union
 
                                            Case No. O-AR-455
 
                                 DECISION
 
    This matter is before the Authority on exceptions to the award of
 Arbitrator Robert J. Ables filed by the Agency under section 7122(a) of
 the Federal Service Labor-Management Relations Statute and part 2425 of
 the Authority's Rules and Regulations.
 
    The Arbitrator in this case determined that the Activity had
 improperly adopted the procedures by which it filled two positions at
 WG-7.  Accordingly, the Arbitrator vacated the two selections for the
 positions and essentially directed the Activity to rerun the selection
 action and to select from the WG-6 drivers, including the incumbents, in
 the movements section at the time of the grievance.
 
    In its exceptions the Agency primarily contends that the award is
 contrary to section 7106(a)(2)(C) of the Statute and FPM chapter 335,
 appendix A, section A-4.  The Authority agrees.
 
    The Authority has repeatedly held that incumbent employees in these
 cases are entitled, pursuant to FPM chapter 335, appendix A, section
 A-4b, to be retained in the positions pending corrective action unless
 it is specifically determined that the incumbents could not originally
 have been properly selected.  E.g., Defense Contract Administration
 Services Management Area (DCASMA), Cedar Rapids, Iowa and American
 Federation of Government Employees, Local 2752, AFL-CIO, 10 FLRA No. 94
 (1983).  Likewise, the Authority has expressly held that section
 7106(a)(2)(C) provides for management's right to select from among a
 group of properly ranked and certified candidates for promotion or from
 any appropriate source.  U.S. Army Infantry Center, Ft. Benning, Georgia
 and American Federation of Government Employees, Local 54, AFL-CIO, 12
 FLRA No. 38 (1983).  Therefore, in terms of this case, the award is
 deficient as contrary to FPM chapter 335, appendix A, section A-4b to
 the extent that it orders the positions vacated in advance of corrective
 action without finding that the incumbents could not properly have been
 originally selected.  Similarly, by ordering that the Activity select
 from among the original WG-6 drivers, the award precludes a selection
 from any other appropriate source and consequently is deficient as
 contrary to section 7106(a)(2)(C).  For these reasons, the award is
 modified to provide the following remedy in place of that ordered by the
 Arbitrator in paragraphs 1-3 of his decision:  /1/
 
          The Activity shall rerun the selection action for the WG-7
       positions in this case.  The rerunning of the selection action by
       the Activity and the action involving the incumbent employees must
       fully conform with controlling law and regulation and the parties'
       collective bargaining agreement.  In particular, the rerunning of
       the selection action must be in accordance with applicable merit
       promotion procedures.  In addition, the action involving the
       incumbent employees must be in accordance with the corrective
       action provisions of FPM chapter 335, appendix A, section A-4b.
 
    Issued, Washington, D.C., June 6, 1984
                                       Barbara J. Mahone, Chairman
                                       Ronald W. Haughton, Member
                                       Henry B. Frazier III, Member
                                       FEDERAL LABOR RELATIONS AUTHORITY
 
 
 
 
 
 
 --------------- FOOTNOTES$ ---------------
 
 
    /1/ In view of this decision, it is not necessary that the Authority
 resolve the Agency's other exception to the award.