51:1567(128)AR - - AFGE Local 3614, National Council of EEOC Locals No. 16 and Equal Employment Opportunity Commission [ EEOC ] - - 1996 FLRAdec AR - - v51 p1567



[ v51 p1567 ]
51:1567(128)AR
The decision of the Authority follows:


51 FLRA No. 128

FEDERAL LABOR RELATIONS AUTHORITY

WASHINGTON, D.C.

_____

AMERICAN FEDERATION OF GOVERNMENT EMPLOYEES

LOCAL 3614

NATIONAL COUNCIL OF EEOC LOCALS NO. 216

(Union)

and

U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION

(Agency)

0-AR-2645

_____

DECISION

July 19, 1996

_____

Before the Authority: Phyllis N. Segal, Chair; Tony Armendariz and Donald S. Wasserman, Members.

I. Statement of the Case

This matter is before the Authority on exceptions to an award of Arbitrator Gladys Gershenfeld 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 Regulations. The Agency filed an opposition to the Union's exceptions.

The Arbitrator found that a grievance regarding the Agency's alleged denial of career ladder promotions was premature and not arbitrable.

For the following reasons, we conclude that the Union has not established that the award is deficient under section 7122(a) of the Statute. Accordingly, we deny the exceptions.

II. Arbitrator's Award

The grievants are Investigators whose initial career ladder progressed from GS-7 through GS-11. After the Agency assumed responsibility for administration of the Americans with Disabilities Act of 1990 and the Civil Rights Act of 1991, the Agency determined that sufficient complex work existed to support a career ladder to the GS-12 level. On December 22, 1992, the Agency wrote the Union regarding the upgrade in positions, and sent the Union for its review a draft checklist that Agency management had developed for supervisors to use when considering Investigators for non-competitive promotion to the GS-12 level. The Union objected to the use of the checklist as an addition to the