12:0511(96)AR - AFGE Local 1923 and SSA, HQ, Bureaus and Offices -- 1983 FLRAdec AR
[ v12 p511 ]
The decision of the Authority follows:
12 FLRA No. 96 AMERICAN FEDERATION OF GOVERNMENT EMPLOYEES, LOCAL 1923 Union and SOCIAL SECURITY ADMINISTRATION, HEADQUARTERS, BUREAUS AND OFFICES Activity Case No. O-AR-239 DECISION This matter is before the Authority on exceptions to the award of Arbitrator Leroy S. Merrifield 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. This matter concerns the performance by the grievant, a section secretary, GS-4, of the duties of the position of branch secretary, GS-5, for a total period of over 80 days in a rotating detail during which she never served for more than 30 consecutive calendar days in the position. The grievant filed a grievance claiming that she had been detailed to the branch secretary position for a period that exceeded 30 calendar days and that under Article 17, Section (C)(3) of the parties' collective bargaining agreement /1/ she was entitled to have been paid at the GS-5 rate for the cumulative period of her detail. The Activity denied the grievance because the grievant had not served more than 30 consecutive calendar days in the branch secretary position, and the grievance was submitted to arbitration on the issue of whether the Activity had violated the agreement by denying the grievant a temporary promotion and backpay. The Arbitrator ruled that the collective bargaining agreement did not require a detail to a higher grade position for 30 calendar days or more to be consecutive days in order for the employee to be entitled to be paid at the higher rate. Accordingly, the Arbitrator awarded as follows: 1. The employer violated the collective agreement by denying a temporary promotion and backpay to (the Grievant). 2. The employer shall place in the Grievant's Official Personnel Folder a Standard Form 52 noting the detail to the GS-5 Secretary position. 3. The employer shall indicate in the Grievant's Official Personnel Folder that she derive whatever benefits accrue from an accurate recording of this temporary promotion during the time the Grievant performed the duties of the GS-5 Secretary. 4. The Grievant shall be made whole by compensating her with the backpay for the relevant period in the amount equal to the difference between what she was actually paid and what she should have been paid by the employer at the GS-5 rate. The Agency has filed exceptions to the award contending that the award is contrary to law, rule, or regulation; that the award fails to draw its essence from the collective bargaining agreement and is based on a nonfact; that the Arbitrator failed to conduct a fair hearing by refusing to consider pertinent and material evidence; and that the award creates a new contract between the parties by which the Agency cannot abide. The Authority finds that the exceptions fail to establish that the award is deficient on any basis as contended by the Agency. The exceptions constitute nothing more than disagreement with the Arbitrator's interpretation of the parties' agreement to find that there was no requirement of 30 or more consecutive calendar days on detail and that consequently the Activity violated the agreement by denying a temporary promotion and backpay to the grievant. The Agency in these exceptions is clearly seeking to have its own interpretation of the agreement substituted for the interpretation of the Arbitrator. Accordingly, the exceptions provide no basis for finding the award deficient and the exceptions are denied. See, e.g., National Federation of Federal Employees, Local 1418 and U.S. International Communication Agency, Voice of America, 9 FLRA No. 137 (1982). Issued, Washington, D.C., August 10, 1983 Barbara J. Mahone, Chairman Ronald W. Haughton, Member Henry B. Frazier III, Member FEDERAL LABOR RELATIONS AUTHORITY --------------- FOOTNOTES$ --------------- /1/ Article 17, Section (C)(3) pertinently provides: "Employees detailed to higher grade positions for 30 calendar days or more shall be paid the appropriate higher rate from the first day of detail."