American Federation of Government Employees, Local 148, Council of Prison Locals (Union) and Bureau of Prisons, U.S. Penitentiary, Lewisburg, Pennsylvania (Activity)

 



[ v07 p95 ]
07:0095(14)AR
The decision of the Authority follows:


 7 FLRA No. 14
 
 AMERICAN FEDERATION OF
 GOVERNMENT EMPLOYEES,
 LOCAL 148, COUNCIL OF
 PRISON LOCALS
 Union
 
 and
 
 BUREAU OF PRISONS,
 U.S. PENITENTIARY,
 LEWISBURG, PENNSYLVANIA
 Activity
 
                                            Case No. O-AR-101
 
                                 DECISION
 
    THIS MATTER IS BEFORE THE AUTHORITY ON EXCEPTIONS TO THE AWARD OF
 ARBITRATOR HERBERT D. ROSSMAN FILED BY THE AGENCY UNDER SECTION 7122(A)
 OF THE FEDERAL SERVICE LABOR-MANAGEMENT RELATIONS STATUTE (5 U.S.C.
 7122(A)) (THE STATUTE).
 
    ACCORDING TO THE ARBITRATOR, THE DISPUTE IN THIS MATTER AROSE WHEN
 THE GRIEVANT, A WS-11, WAS APPOINTED ACTING GENERAL FOREMAN, WS-15,
 EFFECTIVE JULY 1, 1979.  ON AUGUST 1, 1979, THE GRIEVANT WAS TEMPORARILY
 PROMOTED TO THE WS-15 POSITION AND WAS PAID AT THE WS-15 RATE UNTIL
 AUGUST 19, 1979, WHEN HE RETURNED TO HIS REGULAR POSITION.  A GRIEVANCE
 WAS FILED WHICH WAS ULTIMATELY SUBMITTED TO ARBITRATION CLAIMING THAT
 UNDER THE PARTIES' COLLECTIVE BARGAINING AGREEMENT, THE GRIEVANT WAS
 ENTITLED TO HAVE BEEN PAID AT THE WS-15 RATE AS OF THE FIRST DAY OF THE
 ASSIGNMENT.
 
    THE ARBITRATOR DETERMINED THAT UNDER THE TEMPORARY PROMOTION
 PROVISION OF THE PARTIES' AGREEMENT, /1/ AN EMPLOYEE ASSIGNED TO A
 HIGHER GRADE POSITION, INCLUDING SUPERVISORY POSITIONS, MUST BE PAID AT