16:0600(86)AR - Federal Correctional Institution, Petersburg, Virginia and AFGE Appomattox Local 2052 -- 1984 FLRAdec AR



[ v16 p600 ]
16:0600(86)AR
The decision of the Authority follows:


 16 FLRA No. 86
 
 FEDERAL CORRECTIONAL INSTITUTION,
 PETERSBURG, VIRGINIA
 Activity
 
 and
 
 AMERICAN FEDERATION OF GOVERNMENT
 EMPLOYEES, APPOMATTOX LOCAL 2052
 Union
 
                                            Case No. O-AR-419
 
                                 DECISION
 
    This matter is before the Authority on exceptions to the award of
 Arbitrator James C. Oldham 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 in this matter concerns the detail of the grievant, a
 GS-5 clerk-typist, for four months to perform duties of the Associate
 Warden's secretary's position, Secretary (Steno.), GS-6.  Because the
 grievant had no stenographic skills, she performed the duties of the
 higher-grade position except for stenography.  During the period of the
 detail the grievant requested that she be paid at the grade 6 level.
 Management indicated that a promotion was not available because of her
 lack of stenographic skills, but did inquire of the Office of Personnel
 Management (OPM) as to the grievant's eligibility to be temporarily
 promoted to the position of Secretary (Steno.), GS-6.  In response OPM
 advised that the grievant was not qualified for temporary promotion
 because she had no experience or proficiency in stenography, and
 accordingly the Activity did not promote the grievant for the period of
 the detail.  The grievant filed a grievance claiming that during the
 detail she was entitled to have been paid at the grade 6 level, and the
 grievance was submitted to arbitration.  The Arbitrator essentially
 determined that for purposes of the parties' collective bargaining
 agreement, the grievant in effect had performed the duties of a
 higher-grade position for which she was entitled to have been
 temporarily promoted.  Accordingly, the Arbitrator awarded the grievant
 backpay for the difference between her pay at the GS-5 level and what
 she would have earned at the GS-6 level for the period of the detail.
 
    As one of its exceptions, the Agency contends that this award is
 deficient as contrary to governing law and regulation.
 
    In Adjutant General, State of Michigan, Department of Military
 Affairs and National Association of Government Employees, 11 FLRA No. 7
 (1983), the Authority recognized that in order for an employee to be
 properly promoted consistent with civil service law and regulation,
 whether temporarily or permanently, the employee must meet at the time
 of the promotion the minimum qualification requirements for the position
 to which the employee is to be promoted.  Therefore, the Authority held
 that an arbitrator cannot properly award as corrective action for an
 aggrieved employee a retroactive temporary promotion with backpay to a
 position for w