20:0694(82)AR - SSA, Baltimore, MD and AFGE Local 1923, Baltimore, MD -- 1985 FLRAdec AR



[ v20 p694 ]
20:0694(82)AR
The decision of the Authority follows:


 20 FLRA No. 82
 
 SOCIAL SECURITY ADMINISTRATION, 
 BALTIMORE, MARYLAND
 Activity
 
 and
 
 AMERICAN FEDERATION OF GOVERNMENT 
 EMPLOYEES, LOCAL 1923, 
 BALTIMORE, MARYLAND
 Union
 
                                            Case No. 0-AR-949
 
                                 DECISION
 
    This matter is before the Authority on exceptions to the award of
 Arbitrator Robert Bennett Lubic 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
 
    A grievance was filed and submitted to arbitration claiming that the
 grievant, a GS-3, had been performing the duties of a GS-4 and that
 consequently he was entitled to be permanently promoted to GS-4.  Before
 the Arbitrator, the Activity argued that the grievant was never required
 to perform the duties other than those associated with his GS-3
 position.  The Arbitrator rejected the arguments of the Activity and
 specifically determined that the grievant had performed substantially
 all the duties of the GS-4 position in question.  Consequently, the
 Arbitrator as his award ruled that the grievant was entitled to be
 permanently promoted to GS-4 retroactive to January 1, 1984, with
 backpay.
 
    As one of its exceptions, the Agency contends that the award is
 deficient because it concerns the classification of positions.  The
 Authority agrees.
 
    The Authority has repeatedly and uniformly held that where the
 substance of the grievance concerns the grade level of the duties
 assigned to and performed by the grievant, the grievance concerns the
 classification of a position within the meaning of section 7121(c)(5) of
 the Statute precluding such a grievance from coverage by a negotiated
 grievance procedure when there has not been a reduction-in-grade or pay
 of the employee.  E.g., United States Department of Agriculture,
 Agricultural Research Service, Eastern Regional Research Center and
 American Federation of Government Employees, Local Union No. 1331,
 AFL-CIO, 20 FLRA No. 60 (1985);  Veterans Administration Medical Center,
 Tampa, Florida and American Federation of Government Employees, Local
 547, 19 FLRA No. 129 (1985).  In terms of this case, as has been noted,
 the essential nature of the grievance and the award concerns the grade
 level of the duties assigned to and performed by the grievant.  Thus,
 and the award concern the classification of a position within the
 meaning of section 7121(c)(5) of the Statute precluding such a matter
 from grievance and arbitration.  Accordingly, the award is deficient and
 is set aside.  /1/
 
    Issued, Washington, D.C. November 22, 1985