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30:0850(96)AR - IRS, Indianapolis District and NTEU Chapter 49 -- 1987 FLRAdec AR



[ v30 p850 ]
30:0850(96)AR
The decision of the Authority follows:


 30 FLRA NO. 96
 30 FLRA 850

  28 DEC 1987


INTERNAL REVENUE SERVICE
INDIANAPOLIS DISTRICT

                    Activity

     and

NATIONAL TREASURY EMPLOYEES
UNION, CHAPTER 49

                    Union

Case No. 0-AR-1246
 (29 FLRA No. 22)

ORDER GRANTING REQUEST FOR RECONSIDERATION

     This matter is before the Authority on a request filed by
the Union seeking reconsideration of the Authority's decision
(Chairman Calhoun dissenting) of September 29, 1987. For the
reasons discussed below, the request is granted and the
Activity's exceptions to the Arbitrator's award are dismissed.

     In 29 FLRA  No. 22, the Authority concluded that the
Arbitrator "erroneously ruled that the grievant was in fact
converted to a part-time position." Accordingly, the Authority
set aside the Arbitrator's award of backpay. The Union maintains
that the Authority's decision is inconsistent with established
law, and that the Arbitrator's determination concerning the
status of the grievant is supported by the record.

     We have reexamined the record in this case. On the basis of
that reexamination, we find that the Arbitrator's determination
concerning the status of the grievant is supported by the record
as a whole and is not inconsistent with applicable regulations.
Accordingly, we grant the Union's request for reconsideration,
and reverse the Authority's previous decision.]

     The Activity has not shown that the Arbitrator's award is
deficient on any of the grounds set forth in section 7122(a) of
the Statute. Therefore, the Activity's exceptions are denied.

     Issued, Washington, D.C., December 28, 1987

     Jerry L. Calhoun, Chairman

     Jean McKee, Member

     FEDERAL LABOR RELATIONS AUTHORITY