American Federation of Government Employees, Local 1923, AFL-CIO (Union) and Social Security Administration (Agency) 



[ v07 p99 ]
07:0099(15)AR
The decision of the Authority follows:


 7 FLRA No. 15
 
 AMERICAN FEDERATION OF
 GOVERNMENT EMPLOYEES,
 LOCAL 1923, AFL-CIO
 Union
 
 and
 
 SOCIAL SECURITY
 ADMINISTRATION
 Agency
 
                                            Case No. O-AR-122
 
                                 DECISION
 
    THIS MATTER IS BEFORE THE AUTHORITY ON EXCEPTIONS TO THE AWARD OF
 ARBITRATOR MARVIN C. WAHL 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'S AWARD, THIS MATTER CONCERNED THE
 GRIEVANT'S CLAIM THAT SINCE FEBRUARY 1974 SHE HAD BEEN PERFORMING WORK
 OF A HIGHER GRADE LEVEL THAN HER POSITION.  A GRIEVANCE WAS FILED THAT
 WAS ULTIMATELY SUBMITTED TO ARBITRATION REQUESTING A TEMPORARY PROMOTION
 AND BACKPAY.
 
    THE ARBITRATOR STATED THE DISPOSITIVE QUESTION TO BE "WHETHER THE
 GRIEVANT SUBSTANTIALLY AND CONSISTENTLY PERFORMED THE WORK OF THE GS-13
 (POSITION) OVER A SIGNIFICANT PERIOD OF TIME." DETERMINING THAT "THE
 RECORD DOES NOT SUPPORT SUCH A FINDING," THE ARBITRATOR DENIED THE
 GRIEVANCE.
 
    THE UNION FILED EXCEPTIONS 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 EXCEPTIONS THE UNION CONTENDS THAT THE ACTIVITY'S TREATMENT OF
 THE GRIEVANT VIOLAT