20:0183(23)AR - OPM and AFGE, Local 32 -- 1985 FLRAdec AR
[ v20 p183 ]
20:0183(23)AR
The decision of the Authority follows:
20 FLRA No. 23
OFFICE OF PERSONNEL MANAGEMENT
Agency
and
AMERICAN FEDERATION OF GOVERNMENT
EMPLOYEES, LOCAL 32, AFL-CIO
Union
Case No. 0-AR-950
DECISION
This matter is before the Authority on exceptions to the interest
arbitration award of Arbitrator L. Lawrence Schultz 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 a negotiation impasse of
the parties. The Federal Service Impasses Panel had directed that the
impasse be referred to an arbitrator who shall have the authority to
issue a binding decision resolving the impasse. As his award pertaining
to union representation at classification desk audits, the Arbitrator
directed that Article 9, Section 4 of the parties' collective bargaining
agreement shall be as follows:
When an employee believes that his/her position description or
classification is inaccurate an attempt to resolve the issue will
be made with the immediate supervisor. If the difference cannot
be resolved, OPM procedures for administrative review and
classification appeal will be explained to the employee. The
employee may elect to be accompanied or assisted by a Local 32
representative in dealings with the Employer concerning such
administrative review and appeal. Since a desk audit is a
fact-finding procedure involving discussion between the employee
and the classifier on matters specifically related to the job,
there shall be the right to representation during a desk audit
should the employee reasonably believe unfavorable action may
occur. In discussions with a classifier concerning a
classification action particular to an employee's job, the
employee has the right to Union representation.
In its