27:0402(55)AR - VA Medical Center, Leavenworth, KS and AFGE Local No.85 -- 1987 FLRAdec AR
[ v27 p402 ]
27:0402(55)AR
The decision of the Authority follows:
27 FLRA No. 55
VETERANS ADMINISTRATION MEDICAL
CENTER, LEAVENWORTH, KANSAS
Activity
and
AMERICAN FEDERATION OF GOVERNMENT
EMPLOYEES, LOCAL NO. 85
Union
Case No. 0-AR-1331
DECISION
I. Statement of the Case
This matter is before the Authority on exceptions to the award of
Arbitrator Russell C. Neas filed by the Union under section 7122(a) of
the Federal Service Labor-Management Relations Statute (the Statute) and
part 2425 of the Authority's Rules and Regulations.
II. Background and Arbitrator's Award
A grievance was filed and submitted to arbitration claiming that the
grievant, a GS-9, had been detailed to a higher-grade position for an
extended period of time and that the Activity's failure to temporarily
promote him to the higher-grade position violated the parties' master
agreement. The Arbitrator determined that the grievent was not fully
qualified for promotion to the higher-grade position of audio-visual
production officer. He also determined that the Union had failed to
establish that the classification of the grievant's temporary position
at GS-9 instead of GS-11 was erroneous. Accordingly, the Arbitrator
denied the grievance ruling that no violation of law, regulation, or the
agreement had been established.
III. Discussion
The Union contends that the award is deficient because the Arbitrator
misinterpreted and misapplied the master agreement.
We conclude that the Union has failed to establish that the
Arbitrator's award is deficient on any of the grounds set forth in
section 7122(a) of the Statute; that is, that the award is contrary to
any law, rule, or regulation, or that the award is deficient on the
grounds similar to those appl