16:0276(40)AR - Overseas Education Association and DOD Dependents Schools, Mediterranean Region -- 1984 FLRAdec AR



[ v16 p276 ]
16:0276(40)AR
The decision of the Authority follows:


 16 FLRA No. 40
 
 OVERSEAS EDUCATION ASSOCIATION
 Union
 
 and
 
 DEPARTMENT OF DEFENSE DEPENDENTS
 SCHOOLS, MEDITERRANEAN REGION
 Activity
 
                                            Case No. O-AR-399
 
                                 DECISION
 
    This matter is before the Authority on exceptions to the award of
 Arbitrator Jacob Seidenberg 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 dispute before the Arbitrator concerned the step placement for
 school year 1980-81 of the grievant in the salary schedule under the
 Overseas Teachers Pay and Personnel Practices Act (the Act or Overseas
 Teachers Pay Act), 20 U.S.C. 901-907.  The Arbitrator in his discussion
 explained that the grievance arose when the grievant at his own request
 was transferred from an administrative position, which is classified and
 compensated under the general schedule, to a teaching position, which is
 classified and compensated under the Overseas Teachers Pay Act.
 Although the grievant had approximately 20 years of creditable service,
 he was credited with a maximum of only 10 years and placed at step 11 of
 the salary schedule.  Maintaining that he had previously been placed by
 virtue of his creditable service at step 15 during school years 1976-77,
 1977-78, and 1978-79, the grievant claimed that he should again have
 been placed at step 15, and a grievance was filed and submitted to
 arbitration.
 
    The Arbitrator determined that the core issue was whether the
 Activity had a valid evidentiary basis under the Overseas Teachers Pay
 Act and its implementing regulation, DOD Directive 1400.13, for holding
 that 10 years service was the maximum credit that could be granted
 teachers re-entering the overseas teachers pay system.  The Arbitrator
 specifically recognized that the pertinent provision of the directive
 provided for "service up to the maximum specified for the current school
 year," and that the salary schedule issued for school year 1980-81
 stated that the maximum number of years of creditable service was 10
 years.  However, he noted that the directive had been modified after the
 court decision in March v. U.S., 506 F.2d 1306 (D.C. Cir. 1974), to
 institute the practice, which the court in March held was the intent of
 Congress in enacting the Overseas Teachers Pay Act, of crediting years
 of teaching experience equivalent to the prevailing practice of the
 school systems surveyed under the Act.  In this respect the Arbitrator
 concluded that the Activity had not introduced