American Federation of Government Employees, Local 2723, AFL-CIO (Union) and Department of Defense, DCASMA, San Francisco, California (Activity) 

 



[ 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.