Grievance Information Detail
GRANTED On March 30, 1986, employee Ronald Moon was promoted from the bargaining unit position of Employment Service Representative (ESR) in the Cincinnati office to the position of Compensation Manager 1 in the Hamilton office, a supervisory position outside the bargaining unit. His appointment was provisional, and he was required to take a civil service test to retain the position. He failed the examination, and the Employer returned Mr. Moon to the position of ESR in the Cincinnati office effective March 15, 1987 without posting the position. The Union argued that the Employer violated Article 17 when it filled the ERS position without posting. The Arbitrator held that there was no basis for conclding that the agency's hands were tie in applying Article 17.