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62 FLRA No. 19
Office And Professional Employees International Union, Local 2001 and United States Department of Energy, Oak Ridge Office, Oak Ridge, Tennessee (Williams, Arbitrator), 0-AR-4108 (April 2, 2007)
The Arbitrator denied a grievance concerning the proper General Schedule (GS) pay grade for three grievants. The Union filed exceptions to the award alleging that the award was based on a nonfact and that the award was contrary to law.
The Authority set aside the award on grounds other than those in the Union's exceptions. Citing precedent, the Authority stated that it had jurisdiction to address sua sponte whether the award involves the classification of a position, a matter excluded from grievance procedure under § 7121(c)(5) of the Statute. The Authority determined that the award involved a classification matter and, therefore, the Arbitrator did not have jurisdiction to resolve the merits of the award.