13:0475(83)AR - DOD Dependents Schools and Overseas Education Association -- 1983 FLRAdec AR



[ v13 p475 ]
13:0475(83)AR
The decision of the Authority follows:


 13 FLRA No. 83
 
 DEPARTMENT OF DEFENSE
 DEPENDENTS SCHOOLS
 Agency
 
 and
 
 OVERSEAS EDUCATION ASSOCIATION
 Union
 
                                            Case No. 0-AR-367
 
                                 DECISION
 
    This matter is before the Authority on exceptions to the award of
 Arbitrator Millard Cass 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 to the Agency's exceptions.  /1/
 
    The dispute in this matter concerns the Agency's salary schedule for
 school year 1979-80.  A grievance was filed and ultimately submitted to
 arbitration disputing in a number of respects the consistency of the
 salary schedule with governing law, the Overseas Teachers Pay and
 Personnel Practices Act (the Act or Overseas Teachers Pay Act),
 specifically 20 U.S.C. 903(c).  /2/
 
    The parties were unable to agree on a joint submission of the issues
 for arbitration.  Consequently, the Arbitrator in accordance with the
 parties' agreement /3/ determined the issues to be resolved as those
 that were specifically addressed by the parties at the hearing.  The
 first issue addressed was whether the Agency acted properly in using
 salary data computed only as of the beginning of the school year of the
 school systems surveyed, rather than prorating the data for school
 systems which granted pay increases during the school year.  The
 Arbitrator determined that in order to be in compliance with the
 Overseas Teachers Pay Act, 20 U.S.C. 901-907, the Agency was required to
 use salary data that was prorated for those school systems which changed
 salary schedules during the school year.  As to the other issues
 addressed by the parties, the Arbitrator similarly determined that
 compliance with the Act and the parties' collective bargaining agreement
 required the Agency to establish a pay lane for a bachelor's degree plus
 15 credit hours (B.A. + 15) in the salary schedule.  He also determined
 that compliance with the Act required the Agency to use salary data from
 surveyed schools with a pay lane for educators with a certificate of
 advanced graduate studies or for educators called education specialists
 when it fixed the salary rates of the pay lane for a master's degree
 plus 30 credit hours (M.A. + 30) in the salary schedule.  Accordingly,
 the Arbitrator as his award sustained the grievance.
 
    The agency in its first exception to the award contends that the
 Arbitrator exceeded his authority by addressing an issue not properly
 submitted to arbitration.  Specifically, the Agency