File 2: Opinion of Member Cabaniss

[ v56 p327 ]


Concurring Opinion of Member Cabaniss:

      I write separately regarding precedent relied on by the Authority to determine whether the actions of an arbitrator constitute a classification matter under section 7121(c)(5). In the present case the excepting party alleges that the Arbitrator engaged in a classification action by assessing whether the grievant was entitled to a temporary promotion. The Authority rightfully determined that to not be the case because the Arbitrator assessed whether the grievant had been performing the higher-graded duties of a classified position.

      What I find problematic is the singular emphasis on the fact that a temporary promotion (as opposed to permanent promotion) is being sought. Typically, most contracts provide a right of temporary promotion for being detailed to a higher-graded position or where an employee is temporarily assigned higher-graded duties of a (usually vacant) position without actually being detailed. In those situations, an arbitrator properly examines the grade level of those temporary duties to determine whether the contractual requirements for a temporary promotion have been fulfilled. An implicit predicate for the temporary promotion is that it is based upon the performance of "other" duties not permanently assigned to the employee's position, as examining the appropriate grade level of duties permanently assigned to one's position would seem to clearly constitute "the analysis and identifica