16:0869(121)AR - VA Medical Center and Local 1843, AFGE -- 1984 FLRAdec AR



[ v16 p869 ]
16:0869(121)AR
The decision of the Authority follows:


 16 FLRA No. 121
 
 VETERANS ADMINISTRATION
 MEDICAL CENTER
 Activity
 
 and
 
 LOCAL 1843, AMERICAN FEDERATION
 OF GOVERNMENT EMPLOYEES
 Union
 
                                            Case No. 0-AR-810
 
                                 DECISION
 
    This matter is before the Authority on an exception to the award of
 Arbitrator Martin F. Scheinman 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 downgrading of certain
 laboratory technician positions from GS-7 to GS-6 to correct a
 classification error.  The employees affected by the downgrade were
 entitled to grade and pay retention benefits under 5 U.S.C. Sections
 5362-5363.  A grievance protesting the reduction-in-grade was filed and
 submitted to arbitration on the threshold issue of grievability and
 arbitrability.  Rejecting the Activity's argument that this matter was
 not grievable under 5 U.S.C. Sec. 5366(B) /1/ and under Sec.  7121(c)(5)
 /2/ of the Statute, the Arbitrator, as his award, ruled that the
 grievance was arbitrable and ordered the parties to proceed to
 arbitration on the merits.
 
    As its exception the Agency contends that the award is contrary to 5
 U.S.C. Sec. 5366(b).  The Authority agrees