20:0441(48)AR - VA, VA Medical Center, Muskogee, OK And AFGE Local 2250 -- 1985 FLRAdec AR

[ v20 p441 ]
The decision of the Authority follows:

 20 FLRA No. 48
                                        Case No. 0-AR-937
    This matter is before the Authority on exceptions to the award of
 Arbitrator Francis X. Quinn 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 grievance in this case concerned the claim of the grievant, a
 Prosthetic Clerk, GS-5, that she performed the duties of Prosthetic
 Representative, GS-7, and those of Chief, Prosthetic Service, GS-11, for
 the period of November 23, 1983 through April 1, 1984.  The grievant
 filed a grievance claiming that under the parties' collective bargaining
 agreement she was entitled to have been temporarily promoted.  In answer
 to the grievance, the Activity claimed that the grievant was not
 entitled to have been temporarily promoted because she did not meet the
 minimum qualification requirements for either position.  The grievance
 was not resolved and was submitted to arbitration.  The Arbitrator
 without discussing the qualification requirements for either position
 determined that the grievant did the work of a higher-grade position for
 the period of November 23, 1983 through April 1, 1984, and effectively
 ordered her retroactively promoted with backpay for that period by
 directing that she be compensated for the work she performed.
    In its exception the Agency contends that the award is deficient as
 contrary to civil service law and regulation because the grievant was
 not qualified for promotion to either Prosthetic Representative,
 GS-672-7, or Chief, Prosthetic Service, GS-11.  In support of the
 exception, the Agency has submitted the qualification standard for
 Prosthetic Representative, GS-672-5/15.  /1/ The standard provides that
 for all positions other than in the Agency's Central Office, a minimum
 qualification requirement is that the employee must meet the following:
          1.  Have sustained a major amputation (hand, arm, foot, leg,
       etc.) or other permanent major injury;  (and)
          2.  Must habitually use an obvious prosthetic appliance or
       sensory aid(.)
 Because the grievant failed to meet this requirement, the Agency argues
 that to the extent the award orders her temporarily promoted with
 backpay to Prosthetic Representative, GS-672-7, the award is deficient.
 With respect to the position of Chief, Prosthetic Service, GS-11, the
 Agency maintains that the grievant as a GS-5 in the