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60 FLRA No. 176
U. S. DEPT. OF AGRICULTURE FOOD AND CONSUMER SERVICE DALLAS, TEXAS and NTEU, CHAPTER 265, (King, Arbitrator) 0-AR-3868 (Decided May 31, 2005)
The Arbitrator sustained a grievance alleging that the grievant was entitled to a retroactive temporary promotion and backpay for the performance of higher-graded duties. The Authority found that the award was deficient as contrary to § 7121©)(5) of the Statute and set aside the award.
The Authority found that the grievance concerned a classification matter under § 7121©)(5) of the Statute. The Authority noted that it has previously held that grievances concerning the grade level of duties assigned to permanent positions relate to the classification of those positions and may not be grieved under § 7121©)(5) of the Statute.