American Federation of Government Employees, Local 41, AFL-CIO (Union) and Department of Health and Human Services, Office of the Secretary, Headquarters (Activity)

 



[ v08 p98 ]
08:0098(18)AR
The decision of the Authority follows:


 8 FLRA No. 18
 
 AMERICAN FEDERATION OF
 GOVERNMENT EMPLOYEES,
 AFL-CIO, LOCAL 41
 Union
 
 and
 
 DEPARTMENT OF HEALTH
 AND HUMAN SERVICES,
 OFFICE OF THE SECRETARY,
 HEADQUARTERS
 Activity
 
                                            Case No. 0-AR-150
 
                                 DECISION
 
    THIS MATTER IS BEFORE THE AUTHORITY ON EXCEPTIONS TO THE AWARD OF
 ARBITRATOR HERBERT FISHGOLD FILED BY THE AGENCY UNDER SECTION 7122(A) OF
 THE FEDERAL SERVICE LABOR-MANAGEMENT RELATIONS STATUTE (5 U.S.C.7122(A))
 (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, THIS GRIEVANCE AROSE WHEN THE ACTIVITY
 FAILED TO PROCESS A REVISED POSITION DESCRIPTION INTENDED TO CORRECT
 CERTAIN DEFICIENCIES FOUND DURING A DESK AUDIT OF THE GRIEVANT'S
 POSITION.  FOLLOWING THE DESK AUDIT, THE GRIEVANT AND HER GRIEVANT'S
 POSITION.  FOLLOWING THE DESK AUDIT, THE GRIEVANT AND HER SUPERVISOR
 PREPARED A REVISED POSITION DESCRIPTION AND SENT IT TO THE ASSISTANT
 SECRETARY IN SEPTEMBER 1979 FOR APPROVAL AND FORWARDING TO THE PERSONNEL
 OFFICE. HOWEVER, THE ASSISTANT SECRETARY'S OFFICE DECLINED TO PROCESS
 THE POSITION DESCRIPTION.  THE GRIEVANT FILED A GRIEVANCE ALLEGING THE
 ACTIVITY VIOLATED THE COLLECTIVE BARGAINING AGREEM