OF GOVERNMENT EMPLOYEES
DEPARTMENT OF DEFENSE
rating. Specifically, the Arbitrator found that the grievant’s supervisor identified events that prevented the grievant from receiving an overall rating of “excellent.” In this respect, the Arbitrator found, and it is undisputed, that the grievant had two variances and was also the subject of a validated customer complaint. Award at 5. Accordingly, the Arbitrator concluded that the facts warranted the grievant’s rating of “met” rather than “exceeds” on four of her critical elements and, therefore, an overall rating of “fully successful,” rather than one of “excellent.” Id. at 6. Thus, as the Arbitrator found that the facts supported the grievant’s rating and that the Union failed to demonstrate that the Agency violated Article 27 of the MLA, he denied the grievance.