10:0163(33)AR - SSA and AFGE Local 2369 -- 1982 FLRAdec AR



[ v10 p163 ]
10:0163(33)AR
The decision of the Authority follows:


 10 FLRA No. 33
 
 SOCIAL SECURITY ADMINISTRATION
 Agency
 
 and
 
 AMERICAN FEDERATION OF
 GOVERNMENT EMPLOYEES,
 LOCAL 2369
 Union
 
                                            Case No. O-AR-370
 
                                 DECISION
 
    THIS MATTER IS BEFORE THE AUTHORITY ON EXCEPTIONS TO THE AWARD OF
 ARBITRATOR RODNEY E. DENNIS FILED BY THE AGENCY 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 UNION FILED AN
 OPPOSITION.
 
    THE DISPUTE IN THIS MATTER CONCERNS A DELAY IN THE PROMOTION OF THE
 GRIEVANT.  THE GRIEVANT BECAME ELIGIBLE FOR A CAREER LADDER PROMOTION ON
 AUGUST 24, 1980.  HOWEVER, THE SUPERVISOR IN CHARGE NEGLECTED TO EXECUTE
 THE NECESSARY FORMS TO HAVE THE GRIEVANT'S PROMOTION APPROVED AND MADE
 EFFECTIVE ON THAT DATE.  THE DELAY IN FILING THE NECESSARY FORMS
 RESULTED IN THE GRIEVANT'S PROMOTION NOT BEING EFFECTIVE UNTIL OCTOBER
 5, 1980.  A GRIEVANCE WAS FILED PROTESTING THE DELAY THAT WAS ULTIMATELY
 SUBMITTED TO ARBITRATION.
 
    THE ARBITRATOR FOUND THAT THE ACTIVITY HAD VIOLATED THE PARTIES'
 COLLECTIVE BARGAINING AGREEMENT BY NOT TIMELY PROCESSING THE GRIEVANT'S
 PROMOTION AND THAT SUCH VIOLATION HAD RESULTED IN THE GRIEVANT'S
 PROMOTION BEING DELAYED FROM AUGUST 24 TO OCTOBER 5.  ACCORDINGLY, THE
 ARBITRATOR ORDERED THAT THE GRIEVANT'S PROMOTION BE MADE RETROACTIVE TO
 AUGUST 24, 1980, WITH BACKPAY.
 
    AS ONE OF ITS EXCEPTIONS, THE AGENCY ESSENTIALLY CONTENDS THAT THE
 AWARD IS DEFICIENT AS CONTRARY TO THE BACK PAY ACT, 5 U.S.C. 5596.  THE
 AUTHORITY AGREES.  AS WAS EXPLAINED IN AMERICAN FEDERATION OF GOVERNMENT
 EMPLOYEES, SAN FRANCISCO REGION AND OFFICE OF PROGRAM OPERATIONS, FIELD
 OPERATIONS, SOCIAL SECURITY ADMINISTRATION, SAN FRANCISCO REGION, 7 FLRA
 NO.  98(1982), THE BACK PAY ACT PROVIDES STATUTORY AUTHORITY TO AWARD A
 RETROACTIVE PROMOTION AND BACKPAY IN PROMOTION DELAY CASES ONLY WHEN THE
 UNWARRANTED DELAY IS SUBSEQUENT TO APPROVAL OF THE PROMOTION BY THE
 PROPERLY AUTHORIZED OFFICIAL.  ACCORD DEPARTMENT OF HEALTH AND HUMAN
 SERVICES, SOCIAL SECURITY ADMINISTRATION, AREA III AND AMERICAN
 FEDERATION OF GOVERNMENT EMPLOYEES, AFL-CIO, LOCAL 3231, 8 FLRA NO.
 50(1982).  AS HAS BEEN NOTED, THE UNWARRANTED DELAY IN THIS CASE WAS IN
 EXECUTING THE NECESSARY FORMS TO OBTAIN THE APPROVAL OF THE GRIEVANT'S
 PROMOTION.  CONSEQUENTLY, THE ARBITRATOR'S ORDER THAT THE GRIEVANT'S
 PROMOTION BE MADE RETROACTIVE TO AUGUST 24, 1980, WITH BACKPAY IS
 DEFICIENT AS NOT AUTHORIZED BY THE BACK PAY ACT.  U.S. ARMY AIR DEFENSE
 CENTER, FORT BLISS, TEXAS AND NATIONAL ASSOCIATION OF GOVERNMENT
 EMPLOYEES, LOCAL R14-22, 10 FLRA NO. 32(1982).  ACCORDINGLY, THE
 ARBITRATOR'