Social Security Administration Baltimore and AFGE Local 1923 (Authority decision, November 22, 1985)

Final FLRA decision. This is a final order of the Federal Labor Relations Authority on exceptions to an arbitration award. Judicial review under 5 U.S.C. § 7123(a)(1) generally does not extend to an Authority order involving an arbitration award unless the order involves an unfair labor practice under 5 U.S.C. § 7116.

Plain-English summary

An SSA employee claimed to have performed GS-4 duties while classified at GS-3. An arbitrator agreed and ordered a retroactive permanent promotion with backpay. The Authority set aside the award because the grievance turned on the grade level of duties the employee performed. That is a position classification matter excluded from the negotiated grievance procedure when there has been no reduction in grade or pay.

Decision snapshot

• Authority: Classification exclusion under 5 U.S.C. § 7121(c)(5).
• Outcome: Promotion and backpay award set aside.
• Key point: A claim that assigned duties warrant a higher grade is excluded from negotiated grievance arbitration absent a reduction in grade or pay.

Full text (FLRA public release)

[ v20 p694 ]

20:0694(82)AR

The decision of the Authority follows:

20 FLRA No. 82

SOCIAL SECURITY ADMINISTRATION,
BALTIMORE, MARYLAND
Activity

and

AMERICAN FEDERATION OF GOVERNMENT
EMPLOYEES, LOCAL 1923,
BALTIMORE, MARYLAND
Union

Case No. 0-AR-949

DECISION

This matter is before the Authority on exceptions to the award of Arbitrator Robert Bennett Lubic 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

A grievance was filed and submitted to arbitration claiming that the grievant, a GS-3, had been performing the duties of a GS-4 and that consequently he was entitled to be permanently promoted to GS-4. Before the Arbitrator, the Activity argued that the grievant was never required to perform the duties other than those associated with his GS-3 position. The Arbitrator rejected the arguments of the Activity and specifically determined that the grievant had performed substantially all the duties of the GS-4 position in question. Consequently, the Arbitrator as his award ruled that the grievant was entitled to be permanently promoted to GS-4 retroactive to January 1, 1984, with backpay.

As one of its exceptions, the Agency contends that the award is deficient because it concerns the classification of positions. The Authority agrees.

The Authority has repeatedly and uniformly held that where the substance of the grievance concerns the grade level of the duties assigned to and performed by the grievant, the grievance concerns the classification of a position within the meaning of section 7121(c)(5) of the Statute precluding such a grievance from coverage by a negotiated grievance procedure when there has not been a reduction-in-grade or pay of the employee. E.g., United States Department of Agriculture, Agricultural Research Service, Eastern Regional Research Center and American Federation of Government Employees, Local Union No. 1331, AFL-CIO, 20 FLRA No. 60 (1985); Veterans Administration Medical Center, Tampa, Florida and American Federation of Government Employees, Local 547, 19 FLRA No. 129 (1985). In terms of this case, as has been noted, the essential nature of the grievance and the award concerns the grade level of the duties assigned to and performed by the grievant. Thus, and the award concern the classification of a position within the meaning of section 7121(c)(5) of the Statute precluding such a matter from grievance and arbitration. Accordingly, the award is deficient and is set aside. /1/

Issued, Washington, D.C. November 22, 1985

(s)---
Henry B. Frazier III, Acting
Chairman
(s)---
William J. McGinnis, Jr., Member
FEDERAL LABOR RELATIONS AUTHORITY

--------------- FOOTNOTES$ ---------------

/1/ In view of this decision, it is not necessary that the Authority address the other exceptions to the award.