Arbitration Award of Retroactive Promotions to Two Employees

An advance decision was requested regarding the legality of two retroactive promotions with backpay awarded by an arbitrator to Frank Gallardo and Roy Brooks. Because the record contained substantial evidence that the grievants would probably have been demoted shortly after they should have been promoted--evidence which the arbitrator did not consider--the award was indefinite. The matter should be remanded to the arbitrator for additional proceedings with instructions that evidence on whether demotions would have occurred be heard. No interpretation of agency regulations was required, and the arbitrator properly rejected the agency's interpretation which was at variance with the plain language of the regulations.