American Federation of Government Employees, San Francisco Region (Union) and Office of Program Operations, Field Operations, Social Security Administration, San Francisco Region (Activity)

 

 7 FLRA No. 98
 
 AMERICAN FEDERATION OF
 GOVERNMENT EMPLOYEES,
 SAN FRANCISCO REGION
 Union
 
 and
 
 OFFICE OF PROGRAM OPERATIONS,
 FIELD OPERATIONS, SOCIAL
 SECURITY ADMINISTRATION,
 SAN FRANCISCO REGION
 Activity
 
                                            Case No. O-AR-249
 
                                 DECISION
 
    THIS MATTER IS BEFORE THE AUTHORITY ON EXCEPTIONS TO THE AWARD OF
 ARBITRATOR LIONEL RICHMAN FILED BY THE AGENCY UNDER SECTION 7122(A) OF
 THE FEDERAL SERVICE LABOR-MANAGEMENT RELATIONS STATUTE /1/ (THE STATUTE)
 AND PART 2425 OF THE AUTHORITY'S RULES AND REGULATIONS (5 CFR PART
 2425).  THE UNION FILED AN OPPOSITION.
 
    ACCORDING TO THE ARBITRATOR'S AWARD, THE DISPUTE IN THIS MATTER
 CONCERNS THE EFFECTIVE DATE OF THE GRIEVANT'S PROMOTION.  THE GRIEVANT,
 A GS-6, CLAIMS TECHNICIAN, BECAME ELIGIBLE FOR PROMOTION TO GS-7 ON
 NOVEMBER 2, 1980.  SIX WEEKS PRIOR TO THAT ELIGIBILITY DATE, HER
 DISTRICT MANAGER EXECUTED THE NECESSARY FORMS IN ORDER FOR HER PROMOTION
 TO BE EFFECTIVE NOVEMBER 2, 1980.  THE FORMS WERE TIMELY RECEIVED BY THE
 AREA OFFICE, BUT WERE NOT RECEIVED BY THE REGIONAL PERSONNEL OFFICE.
 CONSEQUENTLY, A DUPLICATE SET OF FORMS WAS FORWARDED TO THE REGIONAL
 OFFICE AND THE PROMOTION WAS MADE EFFECTIVE JANUARY 11, 1981.  A
 GRIEVANCE WAS FILED REQUESTING THAT THE PROMOTION BE MADE RETROACTIVE
 WITH BACKPAY TO NOVEMBER 2, 1980.  THE REQUEST WAS DENIED AND THE
 GRIEVANCE WAS SUBMITTED TO ARBITRATION.
 
    IN TERMS OF THE GRIEVANCE THE ARBITRATOR FOUND THAT UNDER THE
 PARTIES' COLLECTIVE BARGAINING AGREEMENT, ONCE THE GRIEVANT'S DISTRICT
 MANAGER MADE THE REQUIRED DETERMINATION THAT THE CAREER LADDER PROMOTION
 OF THE GRIEVANT WAS WARRANTED AND HAD APPROVED THE PROMOTION, THE
 MINISTERIAL ACTS TO EFFECTUATE THAT PROMOTION HAD TO BE COMPLETED IN
 TIME FOR THE GRIEVANT'S PROMOTION