61 FLRA No. 3

U. S. DEPT. OF THE ARMY, FORT POLK, LOUISIANA AND NAGE, LOCAL R5-168, 0-AR-3899
(June 3, 2005)

The Arbitrator sustained a grievance alleging that the Agency violated the parties' agreement and an Agency regulation by failing to temporarily promote the grievant, a Work Order Clerk, GS-4 to a Telephone Control Officer (TCO), GS-7, for duties performed at that grade level. The Authority found that the award was deficient as contrary to §7121(c)(5) of the Statute and was set aside.

The Authority preliminarily noted that it may raise sua sponte and resolve the issue of whether an award concerns a classification matter under § 7121(c)(5) of the Statute. In this case, the Authority found that the award was deficient under § 7121(c)(5) of the Statute. The Authority noted that it has distinguished between two situations in assessing whether a grievance concerns the classification of a position. Where the substance of a grievance concerns the grade level of the duties permanently assigned to, and performed by, the grievant, the Authority finds that the grievance concerns the classification of a position within the meaning of § 7121(c)(5). However, where the substance of the grievance concerns whether the grievant is entitled to a temporary promotion under a collective bargaining agreement by reason of having performed the established duties of a higher-graded position, the Authority has long held that the grievance does not concern the classification of a position within the meaning of § 7121(c)(5). In this case, the Authority concluded that the Arbitrator's finding constituted a classification determination contrary to §7121(c)(5) of the Statute, therefore the award was set aside.