Air Force Logistics Command, Robins Air Force Base and American Federation of Government Employees, Council No. 214 (Authority decision, November 3, 1987)

Final FLRA decision. The Authority denies the agency's exceptions to an arbitration award granting backpay for an extended higher-grade assignment. Under 5 U.S.C. § 7123(a)(1), an order involving an arbitral award is generally excluded from judicial review unless it involves an unfair labor practice under 5 U.S.C. § 7116. This decision does not decide an unfair labor practice.

Plain-English summary

An employee at Robins Air Force Base worked in duties the arbitrator found to be at the GS-4 level while she was paid at GS-3. The arbitrator awarded backpay equal to the difference, beginning on the 31st day of her assignment and ending when she was reassigned. The Air Force argued that the finding rested on a nonfact and made an improper position-classification decision. The Authority found no basis to set aside the award and denied the agency's exceptions. The backpay award remained in place.

Decision snapshot

• Authority: Arbitration exceptions under 5 U.S.C. § 7122(a); classification exclusion under 5 U.S.C. § 7121(c)(5).
• Outcome: Agency exceptions denied; higher-grade backpay award upheld.
• Key point: The agency did not establish that the arbitrator's finding about the employee's duties was an impermissible classification determination or a nonfact.

Full text (FLRA public release)

[ v29 p1387 ]
29:1387(115)AR

The decision of the Authority follows:

29 FLRA NO. 115

AIR FORCE LOGISTICS COMMAND
ROBINS AFB, GEORGIA

Activity

and

AMERICAN FEDERATION OF GOVERNMENT
EMPLOYEES, AFGE COUNCIL No. 214

Union

Case No. 0-AR-1388

DECISION

I. Statement of the Case

This matter is before the Authority on exceptions to the award of Arbitrator Bernard H. Cantor filed by the Agency under section 7122(a) of the Federal Service Labor-Management Relations Statute (the Statute) and part 2425 of the Authority's Rules and Regulations. We deny the exceptions.

II. Background and Arbitrator's Award

A grievance was filed and submitted to arbitration concerning whether the grievant, a GS-3, had been performing the duties of a GS-4 position for an extended period of time and whether she was entitled under the parties' collective bargaining agreement to have been temporarily promoted beginning on July 31, 1985. The Arbitrator determined that the grievant had performed the duties of a higher-grade position for an extended period of time for which she was entitled under the terms of the parties' collective bargaining agreement to have been temporarily promoted beginning on the 31st day of the assignment. Accordingly, as his award, the Arbitrator awarded her backpay in the amount of the difference between her GS-3 pay and what she would have been paid as a GS-4 for the period beginning on the 31st day of the assignment and ending on the day she was reassigned.

III. Discussion

The Agency contends in its exceptions that the Arbitrator's finding that the grievant performed the duties of a GS-4 position is based on a nonfact. The Agency also contends that the Arbitrator's finding is contrary to the parties' stipulation that the grievant performed the same duties as employees who were paid at the GS-4 level. The Agency maintains that the duties performed by other employees who were paid at the GS-4 level were really properly classified at the GS-3 level. The Agency further contends that the award is contrary to the Statute because the Arbitrator made a classification determination which is precluded by section 7121(c)(5) of the Statute.

We conclude that the Agency 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: specifically, that the award is contrary to any law, rule or regulation or that it is deficient on other grounds similar to those applied by Federal courts in private sector labor relations cases. See, for example, U.S. Department of Justice, Immigration and Naturalization Service and National Immigration and Naturalization Service Council, American Federation of Government Employees, Local 2805, 15 FLRA 862 (1984) (exceptions contending that an award of backpay as a result of an extended detail to a higher-grade position was precluded by section 7121(c)(5), as concerning classification of a position, and was based on a nonfact were denied). In addition, we find that the award is not contrary to the parties' stipulation and such contention provides no basis for finding the award deficient.

Accordingly, the Agency's exceptions are denied.

Issued, Washington, D.C., November 3, 1987.

Jerry L. Calhoun, Chairman

Henry B. Frazier III, Member

Jean McKee, Member

FEDERAL LABOR RELATIONS AUTHORITY