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56 FLRA No. 46
Laborers' International Union of North America, Local 28 and U.S. Department of Defense U.S. Army Garrison, Fort Sam Houston, Texas (Eisenmenger, Arbitrator), 0-AR-3243 (Decided May 5, 2000)
The Authority denied the Union's exception after concluding that the Union failed to establish that the award was deficient. The Arbitrator's award held that the Agency did not violate the parties' bargaining agreement when it failed to temporarily promote the grievant.
The Authority explained that section 7121(c)(5) of the Statute precludes any grievance or arbitration award concerning the classification of a position that does not result in a reduction in grade or pay. The term "classification" in section 7121(c)(5) in the context of 5 C.F.R. § 551.101(c), is defined "the analysis and identification of a position and placing it in a class under the position-classification plan established by OPM under chapter 51 of title 5, United States Code." Consequently, the Authority noted that grievances and arbitration awards concerning whether a grievant is entitled to a temporary promotion under a collective bargaining agreement by reason of having performed higher-graded duties of a classified position do not concern the classification of a position within the meaning of section 7121(c)(5).
As the grievance and the award in this case concern whether the grievant was entitled to a temporary promotion for having performed higher-graded duties and the Arbitrator analyzed the grade of the traffic control duties only to determine whether the grievant was entitled to a temporary promotion, the award was not contrary to section 7121(c)(5). The Authority also rejected the allegation that the Arbitrator exceeded her authority.