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B-180010 1 (1975-11-04)

handle is hein.gao/gaobadcpz0001 and id is 1 raw text is: DECISIC I) FILE: B-180010 DATE: , NOV 4 MATTER OF: Community Services Administration and American Federation of Government Employees, Local Union No. 2649 - Arbitration award of retroactive promotions to two employees DIGEST: 1. Federal Labor Relations Council questions the propriety of implementing arbitration award that sustains 'grievance of two Community Services Administration employees for retroactive promotions and backpay. Because the record contains substantial evidence that grievants would probably have been demoted shortly after they should have been promoted--evidence which the arbitrator apparently did not consider--the award is indefinite. The matter should be remanded to the arbitrator for additional proceedings with instructions that he hear evidence on whether de- motions would have occurred and, if so, on what date. 2. When agency regulations are incorporated by reference in negotiated agreement, arbitrator should accord great deference to agency interpretation of regu- lations it has promulgated. However, where regu- lations are plain on their face, no interpretation is required and the arbitrator was correct in rejecting agency interpretation at variance with the plain language of regulations. This action involves a request for an advance decision from the Federal Labor Relations Council (FLRC) as to the legality of two retroactive promotions with backpay awarded by an arbitrator in the matter of Community Services Administration and American Federation of Government Employees, Local Union No. 2649 (Rohman, Arbitrator), FLRC No. 74A-29. The case is before the Council as a result 'of a petition for review filed by the agency alleging that the award violates applicable laws and regulations. The name' of the agency was officially changed from the Office of Economic Opportunity (OEO) to the Community Services Administration during the pendency of the proceedings in this case. On September 12, 1973, recommendations for promotion to grade GS-13 of Mr. Frank Gallardo and Mr. Roy Brooks, the grievants in this case, were submitted by proper authority to the regional personnel office of the agency. That office reviewed the recom- mendations to discover whether the grievants satisfied the criteria PUBLISHED DECISION 55 Comp. Gen....... 1975 THE COMPTROLLER GENERAL l OF THE UNITED STATES WASHINGTON. D. C. 20548 SNITE0. _Iq -7 g--7 9

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