50:0187(35)AR - - AFGE, Local 1668 and HHS, Alaska Native Medical Center, Anchorage, AK - - 1995 FLRAdec AR - - v50 p187



[ v50 p187 ]
50:0187(35)AR
The decision of the Authority follows:


50 FLRA No. 35

FEDERAL LABOR RELATIONS AUTHORITY

WASHINGTON, D.C.

_____

AMERICAN FEDERATION OF GOVERNMENT EMPLOYEES

LOCAL 1668

(Union)

and

U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES

ALASKA NATIVE MEDICAL CENTER

ANCHORAGE, ALASKA

(Agency)

0-AR-2660

_____

DECISION

February 28, 1995

_____

Before the Authority: Phyllis N. Segal, Chair; Tony Armendariz and Pamela Talkin, Members.

I. Statement of the Case

This matter is before the Authority on exceptions to an award of Arbitrator Robert W. Landau 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. The Agency filed an opposition to the Union's exceptions.

The Arbitrator denied two grievances that alleged that the Agency had failed to properly classify and describe the grievants' job positions.

For the following reasons, we conclude that the Union has failed to establish that the award is deficient under section 7122(a) of the Statute. Accordingly, we deny the exceptions.

II. Background and Arbitrator's Award

The grievants requested revision of their job descriptions to reflect their current duties and grade level and sought backpay for the period during which their positions were assertedly misclassified. During the processing of the grievances, the grievants' positions were reclassified and their job descriptions were revised. Nonetheless, the grievances were submitted to arbitration. The Arbitrator framed the issues before him as follows:

1. Are the grievances arbitrable?

2. If so, did the Agency violate the Collective Bargaining Agreement by failing to properly classify or describe the grievants' positions?

3. If so, are the grievants entitled to back pay or any other relief?

Award at 1-2.

The Arbitrator concluded that to the extent the grievants sought to have their positions reclassified, the grievances were neither grievable nor arbitrable under section 7121(c)(5) of the Statute, the p