Constance Horner, Director, Office of Personnel Management v. Henry Bell and American Federation of Government Employees, Local 1923

FRIEDMAN, Circuit Judge.

Upon determining that the respondent Bell’s performance had been unacceptable, the employing agency demoted him from grade GS-10 to grade GS-5. On review of that decision, an arbitrator upheld the determination of unacceptable performance but reversed the demotion and directed the agency to reassign Bell to the first available position at grade GS-10 for which he was qualified. The arbitrator took this action because he concluded that the agency’s demotion violated a provision in the collective bargaining agreement between the agency and the union that represented Bell.