52:0316(28)AR - - Tidewater Virginia Federal Employees Metal Trades Council and Navy, Norfolk Naval Shipyard, Portsmouth, Virginia - - 1996 FLRAdec AR - - v52 p316



[ v52 p316 ]
52:0316(28)AR
The decision of the Authority follows:


52 FLRA No. 28

FEDERAL LABOR RELATIONS AUTHORITY

WASHINGTON, D.C.

_____

TIDEWATER VIRGINIA FEDERAL EMPLOYEES

METAL TRADES COUNCIL

(Union)

and

U.S. DEPARTMENT OF THE NAVY

NORFOLK NAVAL SHIPYARD

PORTSMOUTH, VIRGINIA

(Agency)

0-AR-2863

_____

DECISION

September 30, 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 C. Allen Foster 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's award ordered the Agency to pay backpay to the grievant, a WG-8 electrician, for performing higher-grade WG-10 work in 1995. The Arbitrator denied the grievance for work performed in 1992-1994 as untimely.

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 Union's exception.

II. Background and Arbitrator's Award

The grievance claimed that the grievant had been performing the duties of a WG-10 high voltage electrician since 1992, even though he was classified as a WG-8 high voltage electrician. He contended that he "would have already been promoted but for the procrastination of management." Award at 10. To attempt to settle the grievance, the Agency gave the grievant retroactive 120-day temporary promotions for each year from 1992 to 1995, and a 1-year temporary promotion for 1996. However, the grievance remained unresolved and was submitted to arbitration.