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57 FLRA No. 1

AMERICAN FEDERATION OF GOVERNMENT
EMPLOYEES, LOCAL 1698
(Union)

and

UNITED STATES DEPARTMENT OF THE NAVY
NAVAL INVENTORY CONTROL POINT
PHILADELPHIA, PENNSYLVANIA
(Agency)

0-AR-3325

_____

DECISION

March 12, 2001

_____

Before the Authority: Dale Cabaniss, Chairman; Donald S. Wasserman and Carol Waller Pope, Members.

Decision by Member Pope for the Authority.

I.      Statement of the Case

      This matter is before the Authority on an exception to an award of Arbitrator Gladys Gershenfeld filed by the Union under § 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 exception.

      The Arbitrator found that the grievant's request for backpay was integrally related to the classification of the grievant's position and did not involve a reduction of pay. As a result, the Arbitrator concluded that the issue was not arbitrable under the terms of the parties' collective bargaining agreement.

      For the following reasons, we find that the Union has failed to show that the award is deficient under § 7122 of the Statute. Therefore, we dismiss the exception.

II.     Background and Arbitration Award

      The Union f