15:0865(164)AR - AFGE Local 51 and Mint, Old Mint Building, Customer Service Division -- 1984 FLRAdec AR



[ v15 p865 ]
15:0865(164)AR
The decision of the Authority follows:


 15 FLRA No. 164
 
 AMERICAN FEDERATION OF GOVERNMENT
 EMPLOYEES, LOCAL 51
 Union
 
 and
 
 U.S. DEPARTMENT OF THE MINT,
 OLD MINT BUILDING,
 CUSTOMER SERVICE DIVISION
 Activity
 
                                            Case No. O-AR-496
 
                                 DECISION
 
    This matter is before the Authority on exceptions to the award of
 Arbitrator William B. Gould 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.
 
    The Arbitrator as his award in this case found the grievance
 arbitrable under the parties' collective bargaining agreement and found
 that the Activity violated the agreement when it downgraded the customer
 service clerk-typists in July 1981.  With respect to a remedy the
 Arbitrator stated as follows:
 
          (I)nasmuch as it cannot be said with certainty that a proper
       evaluation would have resulted in a GS-4 rating only fifty percent
       (50%) backpay will be awarded.
 
    Accordingly, the Arbitrator awarded 50% backpay to the clerk-typists
 from the date of the downgrade until an evaluation consistent with the
 agreement is performed.
 
    As to the Arbitrator's finding that the grievance is arbitrable, the
 Agency has filed exceptions contend