10:0049(11)AR - Service Employees International Union, Local 200 and VA Medical Center -- 1982 FLRAdec AR



[ v10 p49 ]
10:0049(11)AR
The decision of the Authority follows:


 10 FLRA No. 11
 
 SERVICE EMPLOYEES INTERNATIONAL
 UNION, LOCAL 200
 Union
 
 and
 
 VETERANS ADMINISTRATION
 MEDICAL CENTER
 Activity
 
                                            Case No. O-AR-236
 
                                 DECISION
 
    THIS MATTER IS BEFORE THE AUTHORITY ON AN EXCEPTION TO THE AWARD OF
 ARBITRATOR MARGERY GOOTNICK FILED BY THE UNION UNDER SECTION 7122(A) OF
 THE FEDERAL SERVICE LABOR-MANAGEMENT RELATIONS STATUTE (THE STATUTE) AND
 PART 2425 OF THE AUTHORITY'S RULES AND REGULATIONS.  THE ACTIVITY FILED
 AN OPPOSITION.
 
    THE DISPUTE IN THIS MATTER CONCERNS THE DATE OF THE GRIEVANT'S
 ENTITLEMENT TO A TEMPORARY PROMOTION.  THE GRIEVANT, A GS-6, WAS
 TEMPORARILY ASSIGNED THE DUTIES OF A GS-9 POSITION ON MARCH 31, 1980.
 HOWEVER, BECAUSE OF HER GRADE AND LACK OF EDUCATIONAL QUALIFICATIONS,
 THE GRIEVANT DID NOT QUALIFY FOR A TEMPORARY PROMOTION TO THE GS-9
 POSITION.  ACCORDINGLY, A TEMPORARY GS-7 POSITION WAS ESTABLISHED FOR
 WHICH THE GRIEVANT QUALIFIED IN ORDER THAT SHE COULD BE TEMPORARILY
 PROMOTED.  THE ESTABLISHMENT OF THIS POSITION WAS APPROVED ON JUNE 23,
 1980, AND THE GRIEVANT WAS TEMPORARILY PROMOTED TO IT EFFECTIVE JUNE 29,
 1980, THE BEGINNING OF THE NEXT PAY PERIOD.  A GRIEVANCE WAS FILED
 CLAIMING THAT THE GRIEVANT WAS ENTITLED TO HAVE BEEN PROMOTED TO GS-7 AS
 OF THE FIRST DAY SHE ASSUMED THE ADDITIONAL DUTIES.  THE GRIEVANCE WAS
 NOT RESOLVED AND WAS ULTIMATELY SUBMITTED TO ARBITRATION.
 
    THE ARBITRATOR DETERMINED THAT UNDER CONTROLLING LAW AND REGULATION,
 T