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47 FLRA 93 FSIP action AFGE AFL-CIO alleged applied arbitrator arbitrator's Army Authority concluded Authority found Authority noted Authority rejected Authority's backpay budget claim collective bargaining agreement complaint court found court held D.C. Cir decision determine disciplinary disclosure discrimination dispute district court drug testing EEOC employee's employment Equal Opportunity Reporter equitable tolling federal employees Federal Equal Opportunity Federal Labor Relations Federation of Government filed FLRA found FMCS Gov't Employees Government Employees grievable hearings home addresses inconsistent interfered with management's issue jurisdiction management's right matter mediation MSPB Nat'l nonnegotiable Office overtime panel parties performance appraisal performance awards personnel plaintiff Portsmouth Naval Shipyard prohibited proposal rejected the agency's remanded requested required the agency resolving right to assign rights under section Social Security Administration Statute summary judgment Title VII U.S. Department U.S. Postal Service unfair labor practice union representative Veterans Affairs violated section Washington