Click here to view the decision.
60 FLRA No. 83
U. S. Dept. of the Air Force, 81st Training Wing Keesler Air Force Base, Mississippi and AFGE, Local 2760 (Walker, Arbitrator) 0-AR-3844 (Decided November 18, 2004)
The Arbitrator sustained a grievance alleging that the grievant was entitled to a retroactive temporary promotion and back pay for the performance of higher-graded duties. The Authority found that the award was deficient and set it aside. The Authority concluded that the award did not concern a classification matter. The Authority found that the Arbitrator did not evaluate the grade level of the duties permanently assigned to and performed by the grievant to determine the appropriate classification. Rather, he focused simply on whether the grievant performed the established duties of a higher graded position, comparing the grievant's duties to those performed by a GS-7 Human Resources Assistant. The Arbitrator thus did not make a classification determination. Accordingly, the award was not contrary to § 7121(c)(5) of the Statute.
Additionally, the Authority found that the Arbitrator did not exceed his authority and rejected the allegation that the award failed to draw its essence from the agreement. The Authority, however found that the award was contrary to the Back Pay Act.