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59 FLRA No. 129
AFGE, Local 1858 and U. S. Dept. of the Army, Army Missile Command, Army Communications Command Agency, Redstone Arsenal, Alabama (Williams, Arbitrator) 0-AR-3766 (Decided March 3, 2004)
The grievance involved a claim that the grievant was not properly paid for her work. The Union excepted to the Arbitrator's award finding that the grievance concerned a classification matter. The Authority denied the Union's exceptions after holding that the Arbitrator's legal conclusion that the grievance was excluded from the grievance procedure was consistent with § 7121(c)(5) of the Statute.
The Authority noted that when the substance of a grievance concerns the grade level of the duties assigned to, and performed by, the grievant, the grievance concerns the classification of a position within the meaning of § 7121 (c)(5) and thus precluded by law from coverage by a negotiated grievance procedure. When the substance of a grievance concerns whether the grievant is entitled to a temporary promotion under a collective bargaining agreement by reason of having performed the duties of a higher-graded position, the grievance does not concern the classification of a position within the meaning of § 7121(c)(5). Here, the Arbitrator found that grievance concerned a classification issue.