U.S. Federal Labor Relations Authority

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23:0507(69)AR - AFGE Local 1631 and VA Medical Center, Chillicothe, OH -- 1986 FLRAdec AR

[ v23 p507 ]
The decision of the Authority follows:

 23 FLRA No. 69
                                            Case No. 0-AR-1172
                         I.  STATEMENT OF THE CASE
    This matter is before the Authority on an exception to the award of
 Arbitrator Louis V. Immundo, Jr. filed by the Union under section
 7122(a) of the Federal Service Labor-Management Relations Statute and
 part 2425 of the Authority's Rules and Regulations.
    A grievance was filed and submitted to arbitration where the
 Arbitrator framed the issue as whether management violated the parties'
 collective bargaining agreement by not temporarily promoting the
 grievant, a clerk-stenographer, GS-3, to the position of
 secretary-stenographer, GS-5.  The Arbitrator found that the grievant
 performed some of the duties of the GS-5 position for a 10-month period
 and that she apparently performed those duties in a satisfactory manner.
  The Arbitrator concluded that by not detailing the grievant to the
 higher-graded position, management violated the spirit of Article 10 of
 the parties' collective bargaining agreement relating to equitable,
 nondiscriminatory treatment of employees.  However, the Arbitrator
 further found, based on a determination by the Office of Personnel
 Management, that the grievant was not eligible for promotion to GS-5
 under X-118 civil service qualification standards.  The Arbitrator
 therefore concluded that management did not violate Article 16 of the
 parties' agreement by not temporarily promoting the grievant to the GS-5
 position.  Finding that no remedy could be applied for a violation of
 the spirit of Article 10, the Arbitrator, as his award, denied the
                              III.  EXCEPTION
    In its exception the Union contends that the award is contrary to law
 and regulation.  Essentially, the Union argues that the award is
 deficient because the Arbitrator failed to award the grievant a
 retroactive temporary promotion and backpay for the period of time he
 found that she was assigned the duties of the GS-5 position.
                       IV.  ANALYSIS AND CONCLUSIONS
    We conclude that the exception fails to establish that the award is
 contrary to law or regulation.  To the contrary, the award is strictly
 in accordance with civil service law and regulation.  The Authority has
 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.  For example, Veterans Administration, VA
 Medical Center, Muskogee, Oklahoma and American Federation of Government
 Employees, Local 2250, 20 FLRA No. 48 (1985) (and cases cited in the
 decision).  As noted, the Arbitrator in concluding that the Activity did
 not violate the parties' agreement specifically found that the grievant
 did not meet the minimum qualification requirements for promotion to
 GS-5.  Accordingly, while we do not condone management's inequitable
 treatment of the grievant as found by the Arbitrator, we are constrained
 to conclude that the award denying the grievance is not deficient as
                               V.  DECISION
    Accordingly, the Union's exception is denied.
    Issued, Washington, D.C., September 29, 1986.
                                       /s/ Jerry L. Calhoun, Chairman
                                       /s/ Henry B. Frazier III, Member
                                       /s/ Jean McKee, Member
                                       FEDERAL LABOR RELATIONS AUTHORITY