19:0740(90)AR - Commerce, Bureau of Census, Data Preparation Division and NFFE Local 1438 -- 1985 FLRAdec AR
[ v19 p740 ]
19:0740(90)AR
The decision of the Authority follows:
19 FLRA No. 90
U.S. DEPARTMENT OF COMMERCE,
BUREAU OF CENSUS,
DATA PREPARATION DIVISION
Activity
and
NATIONAL FEDERATION OF FEDERAL
EMPLOYEES, LOCAL 1438
Union
Case No. O-AR-945
ORDER DISMISSING EXCEPTIONS
This matter is before the Authority on exceptions to the award of
Arbitrator David L. Beckman filed by the Activity under 7122(a) of the
Federal Service Labor-Management Relations Statute and part 2425 of the
Authority's Rules and Regulations. For the reasons that follow, the
Authority is without jurisdiction to review the Activity's exceptions
and, therefore, the exceptions must be dismissed.
The dispute before the Arbitrator concerned the Activity's actions
with regard to the grievant's permanent grade and position. The
Activity claimed that it had made an error when it appointed the
grievant as a WG-2 Laborer, under the Veterans Readjustment Act (VRA)
/1/ in February 1979 and that it acted to correct the error in July 1980
by changing the grievant's permanent grade and position to GG-3 Clerk
/2/ retroactive to February 1979. The Activity subsequently converted
the grievant's VRA appointment to a career-conditional appointment and
took numerous other actions with respect to the grievant's grade and
position, including a number of "correction" actions cancelling or
rescinding other previous actions, /3/ and a series of four actions in
January 1984 which were effective retroactively to 1979 and 1981 and
which gave rise to the grievance before the Arbitrator. The Union
maintained, based upon the February 1979 appointment action and a number
of the other subsequent personnel actions, that the grievant's permanent
grade is WG-2 Laborer. The Union further argued in that regard that if
the Activity effect