[ v06 p676 ]
06:0676(115)AR
The decision of the Authority follows:
6 FLRA No. 115 AMERICAN FEDERATION OF GOVERNMENT EMPLOYEES, AFL-CIO, LOCAL 2723 Union and DEPARTMENT OF DEFENSE, DCASMA, SAN FRANCISCO, CALIFORNIA Activity Case No. O-AR-145 DECISION THIS MATTER IS BEFORE THE AUTHORITY ON AN EXCEPTION TO THE AWARD OF ARBITRATOR WILLIAM EATON FILED BY THE UNION UNDER SECTION 7122(A) OF THE FEDERAL SERVICE LABOR-MANAGEMENT RELATIONS STATUTE (5 U.S.C. 7122(A)) (THE STATUTE). ACCORDING TO THE ARBITRATOR, THIS MATTER CONCERNS A NUMBER OF ACTIONS BY THE ACTIVITY. THE ACTIVITY RECLASSIFIED A NUMBER OF POSITIONS, ADDED A GS-9 POSITION, AND ELIMINATED A GS-6 POSITION. THE GRIEVANT, A GS-5 WHO WAS AMONG THE EMPLOYEES WHO HAD THEIR POSITIONS RECLASSIFIED, FILED A GRIEVANCE CLAIMING THAT THE ACTIVITY'S ACTIONS DENIED HER PROMOTIONAL OPPORTUNITIES. THE GRIEVANCE WAS ULTIMATELY SUBMITTED TO ARBITRATION WHERE THE ARBITRATOR REJECTED THE GRIEVANCE. THE ARBITRATOR FOUND THE EVIDENCE OVERWHELMING THAT THE ACTIVITY NEITHER ELIMINATED NOR CREATED POSITIONS IN ORDER TO DENY PROMOTIONAL OPPORTUNITIES TO THE GRIEVANT. THE UNION FILED AN EXCEPTION TO THE ARBITRATOR'S AWARD UNDER SECTION 7122(A) OF THE STATUTE /1/ AND PART 2425 OF THE AUTHORITY'S RULES AND REGULATIONS (5 CFR PART 2425). THE AGENCY FILED AN OPPOSITION. IN ITS EXCEPTION THE UNION CONTENDS THAT THE AWARD IS DEFICIENT BECAUSE THE ARBITRATOR "FAILED TO DISCERN" THAT THE GRIEVANT'S POSITION DESCRIPTION "PERMITS THE AGENCY TO TAKE ADVANTAGE OF HER AND TO BYPASS CIVIL SERVICE REGULATIONS, RULES AND STATUTES" AND BECAUSE THE ARBITRATOR FAILED TO APPLY AN ARBITRATION DECISION INVOLVING ANOTHER AGENCY WHICH THE UNION ARGUES WAS APPLICABLE TO THIS CASE. HOWEVER, THESE CONTENTIONS FAIL TO DEMONSTRATE IN WHAT MANNER THE ARBITRATOR'S AWARD, FINDING ON THE BASIS OF THE EVIDENCE PRESENTED THAT NO PROMOTIONAL OPPORTUNITIES WERE DENIED THE GRIEVANT, IS DEFICIENT. THE AUTHORITY HAS PREVIOUSLY HELD THAT AN ALLEGED INCONSISTENCY WITH OTHER ARBITRATION AWARDS PROVIDES NO BASIS FOR FINDING AN AWARD DEFICIENT UNDER SECTION 7122(A) OF THE STATUTE. AMERICAN FEDERATION OF GOVERNMENT EMPLOYEES, LOCAL 1923, AFL-CIO AND SOCIAL SECURITY ADMINISTRATION, HEADQUARTERS BUREAUS AND OFFICES, 4 FLRA NO. 19(1980). THE UNION'S CONTENTIONS INSTEAD CONSTITUTE AN ATTEMPT TO RELITIGATE THE MERITS OF THE GRIEVANCE BEFORE THE AUTHORITY, AND CONSEQUENTLY THIS EXCEPTION PROVIDES NO BASIS FOR FINDING THE AWARD DEFICIENT. E.G., COMMUNITY SERVICES ADMINISTRATION AND NATIONAL COUNCIL OF CSA LOCALS, AMERICAN FEDERATION OF GOVERNMENT EMPLOYEES, AFL-CIO, 5 FLRA NO. 32(1981). FOR THE FOREGOING REASONS, THE UNION'S EXCEPTION IS DENIED. ISSUED, WASHINGTON, D.C., SEPTEMBER 24, 1981. RONALD W. HAUGHTON, CHAIRMAN HENRY B. FRAZIER, MEMBER LEON B. APPLEWHAITE, MEMBER FEDERAL LABOR RELATIONS AUTHORITY --------------- FOOTNOTES: --------------- /1/ 5 U.S.C. 7122(A) PROVIDES: (A) EITHER PARTY TO ARBITRATION UNDER THIS CHAPTER MAY FILE WITH THE AUTHORITY AN EXCEPTION TO ANY ARBITRATOR'S AWARD PURSUANT TO THE ARBITRATION (OTHER THAN AN AWARD RELATING TO A MATTER DESCRIBED IN SECTION 7121(F) OF THIS TITLE). IF UPON REVIEW THE AUTHORITY FINDS THAT THE AWARD IS DEFICIENT-- (1) BECAUSE IT IS CONTRARY TO ANY LAW, RULE, OR REGULATION; OR (2) ON OTHER GROUNDS SIMILAR TO THOSE APPLIED BY FEDERAL COURTS IN PRIVATE SECTOR LABOR-MANAGEMENT RELATIONS; THE AUTHORITY MAY TAKE SUCH ACTION AND MAKE SUCH RECOMMENDATIONS CONCERNING THE AWARD AS IT CONSIDERS NECESSARY, CONSISTENT WITH APPLICABLE LAWS, RULES, OR REGULATIONS.