Arbitration Award of Retroactive Promotion and Backpay

The legality of an arbitration award of retroactive promotion and backpay as a remedy for the failure of the agency to timely process a promotion request was questioned. In the absence of a nondiscretionary requirement mandating promotion within a particular timeframe or in accordance with specified criteria, loss of the promotion request prior to approval by an authorized official does not constitute such administrative error as will support an award of retroactive promotion and backpay.