40:0421(40)AR - - Air Force, Scott AFB, IL and NAGE Local R7-23 - - 1991 FLRAdec AR - - v40 p421
[ v40 p421 ]
The decision of the Authority follows:
40 FLRA No. 40
Before Chairman McKee and Members Talkin and Armendariz.
I. Statement of the Case
This matter is before the Authority on exceptions to the award of Arbitrator Gerald Cohen. A grievance was filed challenging the Agency's denial of a cash award to the grievant. The Arbitrator concluded that the grievance was not arbitrable.
The Union filed exceptions under section 7122(a) of the Federal Service Labor-Management Relations Statute (the Statute) and part 2425 of the Authority's Rules and Regulations. The Agency did not file an opposition to the Union's exceptions.
For the following reasons, we conclude that the case should be remanded to the parties for resubmission to the Arbitrator.
II. Background and Arbitrator's Award
Prior to this grievance, the parties settled another grievance which alleged that the grievant received an improper performance rating for the period ending June 30, 1989. The settlement agreement raised the grievant's performance rating to excellent.
When the grievant failed to receive a cash award for his rating, he filed another grievance. The grievant claimed that he was entitled to an award because the 29 other employees in his section, who were in the same job classification as the grievant and who were rated excellent or better, all received cash awards. The grievance was not resolved and was submitted to arbitration. The Arbitrator framed the issues as follows:
1. Is the grievance arbitrable?
2. If so, did the Grievant receive fair and equitable consideration for a monetary award in comparison with other employees?