U.S. Federal Labor Relations Authority

Search form

16:0600(86)AR - Federal Correctional Institution, Petersburg, Virginia and AFGE Appomattox Local 2052 -- 1984 FLRAdec AR

[ v16 p600 ]
The decision of the Authority follows:

 16 FLRA No. 86
                                            Case No. O-AR-419
    This matter is before the Authority on exceptions to the award of
 Arbitrator James C. Oldham filed by the Agency under section 7122(a) of
 the Federal Service Labor-Management Relations Statute and part 2425 of
 the Authority's Rules and Regulations.
    The dispute in this matter concerns the detail of the grievant, a
 GS-5 clerk-typist, for four months to perform duties of the Associate
 Warden's secretary's position, Secretary (Steno.), GS-6.  Because the
 grievant had no stenographic skills, she performed the duties of the
 higher-grade position except for stenography.  During the period of the
 detail the grievant requested that she be paid at the grade 6 level.
 Management indicated that a promotion was not available because of her
 lack of stenographic skills, but did inquire of the Office of Personnel
 Management (OPM) as to the grievant's eligibility to be temporarily
 promoted to the position of Secretary (Steno.), GS-6.  In response OPM
 advised that the grievant was not qualified for temporary promotion
 because she had no experience or proficiency in stenography, and
 accordingly the Activity did not promote the grievant for the period of
 the detail.  The grievant filed a grievance claiming that during the
 detail she was entitled to have been paid at the grade 6 level, and the
 grievance was submitted to arbitration.  The Arbitrator essentially
 determined that for purposes of the parties' collective bargaining
 agreement, the grievant in effect had performed the duties of a
 higher-grade position for which she was entitled to have been
 temporarily promoted.  Accordingly, the Arbitrator awarded the grievant
 backpay for the difference between her pay at the GS-5 level and what
 she would have earned at the GS-6 level for the period of the detail.
    As one of its exceptions, the Agency contends that this award is
 deficient as contrary to governing law and regulation.
    In Adjutant General, State of Michigan, Department of Military
 Affairs and National Association of Government Employees, 11 FLRA No. 7
 (1983), the Authority recognized that in order for an employee to be
 properly promoted consistent with civil service law and regulation,
 whether temporarily or permanently, the employee must meet at the time
 of the promotion the minimum qualification requirements for the position
 to which the employee is to be promoted.  Therefore, the Authority held
 that an arbitrator cannot properly award as corrective action for an
 aggrieved employee a retroactive temporary promotion with backpay to a
 position for which the employee is not minimally qualified.  In terms of
 this case, as already noted, the grievant did not meet the minimum
 qualification requirements for a temporary promotion to Secretary
 (Steno.), GS-6 for the period of her detail.  In these circumstances,
 the Authority finds that the award of backpay by the Arbitrator based on
 what the grievant would have earned as a GS-6 during the period of the
 detail when that detail was to a position for which she did not meet the
 minimum qualification requirements for promotion is deficient as
 contrary to civil service law and regulation and is accordingly set
 aside.  /1/ See id. at 2.  Issued, Washington, D.C., November 30, 1984
                                       Henry B. Frazier, III, Acting
                                       Ronald W. Haughton, Member
                                       FEDERAL LABOR RELATIONS AUTHORITY
 --------------- FOOTNOTES$ ---------------
    /1/ In view of this decision, it is not necessary to address the
 other exceptions to the award.