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 24