28:0196(31)AR - INTERNATIONAL BROTHERHOOD VS NAVY, NARF
[ v28 p196 ]
The decision of the Authority follows:
28 FLRA NO. 31
NAVAL AIR REWORK FACILITY JACKSONVILLE, FLORIDA Activity and INTERNATIONAL BROTHERHOOD OF TEAMSTERS, LOCAL 512 Union Case No. O-AR-1325
I. Statement of the Case
This matter is before the Authority on an exception to the award of Arbitrator Wayne G. Anderson 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
The grievance in this case was filed on behalf of a number of WG-11 electronic mechanics. The grievance alleged that the employees were performing WG-12 work and that they should have been paid at the WG-12 rate. The Arbitrator, noting that the Union was not contesting the accuracy of the employees' position descriptions, determined that to order the employees paid at the WG-12 rate in effect would be reclassifying the positions. The Arbitrator concluded that such a result would be contrary to section 7121(c)(5) of the Statute. Accordingly, as his award, he found that the grievance was not arbitrable.
The Union contends that the award is deficient because "an employee who is required to perform work which is unequivocally the grade-controlling duties of a higher level position (may) seek pay appropriate to the higher wage classification of that position," and that the Arbitrator erred in finding that the grievance was not arbitrable based on section 7121(c)(5).
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 other grounds similar to those applied by Federal courts in private sector labor-management relations. See, for example, The Veterans Administration Medical Center, Togus, Maine and American Federation of Government Employees, Local 2610, AFL - CIO, 17 FLRA 963 (1985) (an arbitrator is correct in finding a grievance not arbitrable where the substance of the grievance concerns the grade level of duties assigned to and performed by an employee, because the grievance concerns the classification of a position within the meaning of section 7121(c)(5)) and, therefore, is excluded from coverage of negotiated grievance procedures). Accordingly, the Union's exception is denied.
Issued, Washington, D.C., July 27, 1987.
Jerry L. Calhoun, Chairman
Henry B. Frazier II