18:0088(16)AR - EEOC, Memphis District Office, Memphis, TN and National Council of EEOC Locals No. 216, AFGE -- 1985 FLRAdec AR

 18 FLRA No. 16
 
 U.S. EQUAL EMPLOYMENT OPPORTUNITY 
 COMMISSION, MEMPHIS DISTRICT OFFICE, 
 MEMPHIS, TENNESSEE 
 Activity 
 
 and 
 
 NATIONAL COUNCIL OF EEOC
 LOCALS NO. 216, AMERICAN 
 FEDERATION OF GOVERNMENT 
 EMPLOYEES, AFL-CIO
 Union
 
                                            Case No. 0-AR-655
 
                                 DECISION
 
    This matter is before the Authority on exceptions to the award of
 Arbitrator Don E. Hamilton 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 Union filed an opposition.
 
    The grievance in this case concerns the claim of the grievant to a
 career-ladder promotion to GS-6.  The grievant was assigned to the
 position of compliance clerk as a GS-4 and subsequently was promoted
 noncompetitively to GS-5.  Thereafter, she was recommended for a
 career-ladder promotion to GS-6 by her supervisor.  When the
 recommendation was not approved, a grievance was filed.  The position of
 the Activity essentially was that whether or not the grievant was
 originally advised that the position of compliance clerk had a career
 ladder from GS-4 to GS-6, by the time of the promotion recommendation of
 the grievant, the Activity had determined, after a review of the Office
 of Personnel Management identifying classification problems with the
 compliance clerk position, that the highest grade level supportable for
 the position was GS-5.  The grievance was not resolved and was submitted
 to arbitration.  The Arbitrator acknowledged that management had
 determined that the highest supportable grade for the position of
 compliance clerk was GS-5 and that by the time the grievant was
 recommended for promotion, promotions of compliance clerks to GS-