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27:0402(55)AR - VA Medical Center, Leavenworth, KS and AFGE Local No.85 -- 1987 FLRAdec AR

[ v27 p402 ]
The decision of the Authority follows:

 27 FLRA No. 55
                                            Case No. 0-AR-1331
                         I.  Statement of the Case
    This matter is before the Authority on exceptions to the award of
 Arbitrator Russell C. Neas filed by the Union under section 7122(a) of
 the Federal Service Labor-Management Relations Statute (the Statute) and
 part 2425 of the Authority's Rules and Regulations.
                  II.  Background and Arbitrator's Award
    A grievance was filed and submitted to arbitration claiming that the
 grievant, a GS-9, had been detailed to a higher-grade position for an
 extended period of time and that the Activity's failure to temporarily
 promote him to the higher-grade position violated the parties' master
 agreement.  The Arbitrator determined that the grievent was not fully
 qualified for promotion to the higher-grade position of audio-visual
 production officer.  He also determined that the Union had failed to
 establish that the classification of the grievant's temporary position
 at GS-9 instead of GS-11 was erroneous.  Accordingly, the Arbitrator
 denied the grievance ruling that no violation of law, regulation, or the
 agreement had been established.
                             III.  Discussion
    The Union contends that the award is deficient because the Arbitrator
 misinterpreted and misapplied the master agreement.
    We conclude that the Union has failed to establish that the
 Arbitrator's award is deficient on any of the grounds set forth in
 section 7122(a) of the Statute;  that is, that the award is contrary to
 any law, rule, or regulation, or that the award is deficient on the
 grounds similar to those applied by Federal courts in private sector
 labor-management relations cases.  See, for example, American Federation
 of Government Employees, Local No. 1631 and Veterans Administration
 Medical Center, Chillicothe, Ohio, 23 FLRA No. 69 (1986) (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);  American
 Federation of Government Employees, Local 1923 and Social Security
 Administration, Headquarters, Bureaus and Offices, 12 FLRA 511 (1983)
 (by disputing the arbitrator's interpretation of the agreement on a
 grievance claiming an extended detail to a higher-grade position, the
 agency was seeking to have its own interpretation of the agreement
 substituted for that of the arbitrator, which provides no basis for
 finding an award deficient).  Accordingly, the Union's exceptions are
    Issued, Washington, D.C., June 9, 1987.
                                       /s/ Jerry L. Calhoun, Chairman
                                       /s/ Henry B. Frazier III, Member
                                       /s/ Jean McKee, Member
                                       FEDERAL LABOR RELATIONS AUTHORITY