15:0442(90)AR - Georgia Air NG, 165th Tactical Airlift Group, Savannah, GA and Georgia ACT -- 1984 FLRAdec AR



[ v15 p442 ]
15:0442(90)AR
The decision of the Authority follows:


 15 FLRA No. 90
 
 GEORGIA AIR NATIONAL GUARD,
 165th TACTICAL AIRLIFT GROUP,
 SAVANNAH, GEORGIA
 Activity
 
 and
 
 GEORGIA ASSOCIATION OF
 CIVILIAN TECHNICIANS
 Union
 
                                            Case No. O-AR-337
 
                                 DECISION
 
    This matter is before the Authority on exceptions to the award of
 Arbitrator Geo. Savage King filed by the Agency under section 7122(a) of
 the Federal Service Labor-Management Relations Statute and part 2425 of
 the Authority's Rules and Regulations.  /1/
 
    The dispute in this matter concerns the grievant's claim that he had
 performed the duties of a higher-grade position for an extended period
 that entitled him to a temporary promotion under the provisions of the
 parties' collective bargaining agreement.  The Arbitrator determined
 that the grievant had performed the duties of a higher-grade position
 for an extended period for which under the parties' agreement he should
 have been temporarily promoted.  Accordingly, as his award the
 Arbitrator essentially ordered the grievant retroactively promoted with
 backpay for the period from November 1, 1978 to June 30, 1980.  The
 Arbitrator also awarded the grievant entitlement to the benefits of
 grade and pay retention of 5 U.S.C.subchapter VI.
 
    In its first exception the Agency essentially contends that the
 Arbitrator made a classification determination precluded by section
 7121(c)(5) of the Statute and in so doing exceeded his authority.  The
 Authority has expressly held that a grievance pertaining to whether the
 grievant was entitled to a promotion does not directly concern the
 classification of any position within the meaning of section 7121(c)(5).
  Warner Robins Air Logistics Center, Robins Air Force Base, Georgia and
 American Federation of Government Employees, Local 987, 10 FLRA 410
 (1982).  The Authority therefore concludes that this exception provides
 no basis for finding the award deficient, and accordingly the exception
 is denied.
 
    In its second exception the Agency essentially contends that the
 award is deficient because the date chosen by the Arbitrator to commence
 the retroactive promotion is erroneous under the terms of the parties'
 collective bargaining agreement.  However, this exception constitutes
 nothing more than disagreement with the Arbitrator's interpretation and
 application of the temporary promotion provision of the agreement, and
 accordingly this exception is denied.  See American Federation of
 Government Employees, Local 148, Council of Prison Locals and Bureau of
 Prisons, U.S. Penitentiary, Lewisburg, Pennsylvania, 7 FLRA 95 (1981).
 
    In its