American Federation of Government Employees, Local 1923, AFL-CIO (Union) and Social Security Administration (Agency) (Authority decision, October 30, 1981)

Final FLRA decision. This order concerns exceptions to an arbitration award under 5 U.S.C. § 7122. Under 5 U.S.C. § 7123(a)(1), such orders are generally excluded from judicial review unless they involve an unfair labor practice under 5 U.S.C. § 7116; this decision does not state that it involves one.

Plain-English summary

A Social Security employee sought a temporary promotion and back pay, saying she had performed higher grade work. The arbitrator found the record did not show that she substantially and consistently performed GS-13 work and denied the grievance. The union challenged the award, but the Authority found no basis to set it aside. It denied the exceptions, leaving the grievance denial in place.

Decision snapshot

• Authority: 5 U.S.C. § 7122(a).
• Outcome: Union exceptions denied; arbitration award left in place.
• Key point: Disagreement with an arbitrator’s evaluation of the evidence did not establish a defect in the award.

Full text (FLRA public release)

[ v07 p99 ]

07:0099(15)AR

The decision of the Authority follows:

7 FLRA No. 15

AMERICAN FEDERATION OF
GOVERNMENT EMPLOYEES,
LOCAL 1923, AFL-CIO
Union

and

SOCIAL SECURITY
ADMINISTRATION
Agency

Case No. O-AR-122

DECISION

THIS MATTER IS BEFORE THE AUTHORITY ON EXCEPTIONS TO THE AWARD OF
ARBITRATOR MARVIN C. WAHL FILED BY THE UNION UNDER SECTION 7122(A) OF
THE FEDERAL SERVICE LABOR-MANAGEMENT RELATIONS STATUTE (5 U.S.C.
7122(A)) (THE STATUTE).

ACCORDING TO THE ARBITRATOR'S AWARD, THIS MATTER CONCERNED THE
GRIEVANT'S CLAIM THAT SINCE FEBRUARY 1974 SHE HAD BEEN PERFORMING WORK
OF A HIGHER GRADE LEVEL THAN HER POSITION. A GRIEVANCE WAS FILED THAT
WAS ULTIMATELY SUBMITTED TO ARBITRATION REQUESTING A TEMPORARY PROMOTION
AND BACKPAY.

THE ARBITRATOR STATED THE DISPOSITIVE QUESTION TO BE "WHETHER THE
GRIEVANT SUBSTANTIALLY AND CONSISTENTLY PERFORMED THE WORK OF THE GS-13
(POSITION) OVER A SIGNIFICANT PERIOD OF TIME." DETERMINING THAT "THE
RECORD DOES NOT SUPPORT SUCH A FINDING," THE ARBITRATOR DENIED THE
GRIEVANCE.

THE UNION FILED EXCEPTIONS TO THE ARBITRATOR'S AWARD UNDER SECTION
7122(A) OF THE STATUTE /1/ AND PART 2425 OF THE AUTHORITY'S RULES AND
REGULATIONS (5 CFR PART 2425). THE AGENCY FILED AN OPPOSITION.

IN ITS EXCEPTIONS THE UNION CONTENDS THAT THE ACTIVITY'S TREATMENT OF
THE GRIEVANT VIOLATED THE PARTIES' COLLECTIVE BARGAINING AGREEMENT, THE
AGENCY'S GUIDE FOR SUPERVISORS, AND AGENCY REGULATIONS CONCERNING
BACKPAY; THAT STATEMENTS IN THE AWARD "ARE DISTORTED, INCORRECT,
MISSTATED AND A DISSERVICE TO THE GRIEVANT WHO LABORED DILIGENTLY TO
ACHIEVE AN UNBIASED, UNPREJUDICED AIRING OF HER ALLEGATIONS;" THAT BUT
FOR "FALSE EVIDENCE" AND "UNTRUTHS" OF MANAGEMENT OFFICIALS, THE CASE
WOULD HAVE BEEN DIFFERENT; AND THAT THE ACTIVITY'S TREATMENT OF THE
GRIEVANT AND THE ARBITRATOR'S AWARD VIOLATES CLASSIFICATION STANDARDS,
THE FEDERAL PERSONNEL MANUAL AND PRINCIPLES OF MERIT PAY. IN SUPPORT OF
ITS EXCEPTIONS, THE UNION MAKES EXTENSIVE REFERENCES TO ITS VIEW OF THE
FACTS OF THIS MATTER AND TO VARIOUS REGULATIONS, EVIDENCE, AND TESTIMONY
BEFORE THE ARBITRATOR.

AS NOTED, THE ARBITRATOR DENIED THE GRIEVANCE FINDING ON THE BASIS OF
THE EXTENSIVE RECORD IN THIS MATTER THAT THE GRIEVANT HAD FAILED TO
DEMONSTRATE THAT SHE HAD SUBSTANTIALLY AND CONSISTENTLY PERFORMED WORK
OF A HIGHER GRADE LEVEL OVER A SIGNIFICANT PERIOD OF TIME. THE UNION
HAS NOT SHOWN IN ITS EXCEPTIONS HOW THIS AWARD IS IN ANY MANNER
DEFICIENT UNDER THE STATUTE. RATHER, IT IS CLEAR FROM A FULL
EXAMINATION OF THE UNION'S EXCEPTIONS THAT THE UNION IS IN EFFECT
DISAGREEING WITH THE ARBITRATOR'S FINDINGS OF FACT AND WITH HIS
REASONING AND CONCLUSIONS IN ARRIVING AT HIS AWARD AND IS ATTEMPTING TO
RELITIGATE THE MERITS OF THE GRIEVANCE BEFORE THE AUTHORITY. SUCH
ASSERTIONS PROVIDE NO BASIS FOR FINDING THE AWARD DEFICIENT. AMERICAN
FEDERATION OF GOVERNMENT EMPLOYEES, LOCAL 2206 AND DEPARTMENT OF HEALTH
AND HUMAN SERVICE, SOCIAL SECURITY ADMINISTRATION, SOUTHEASTERN PROGRAM
SERVICE CENTER, 6 FLRA NO. 103(1981); NATIONAL AERONAUTICS AND SPACE
ADMINISTRATION AND AMERICAN FEDERATION OF GOVERNMENT EMPLOYEES, LOCAL
2284, 3 FLRA NO. 35(1980). THEREFORE, THE UNION'S EXCEPTIONS PROVIDE NO
BASIS FOR FINDING THE AWARD DEFICIENT UNDER 5 U.S.C. 7122(A) AND SECTION
2425.3 OF THE AUTHORITY'S RULES AND REGULATIONS.

FOR THE FOREGOING REASONS, THE UNION'S EXCEPTIONS ARE DENIED.

ISSUED, WASHINGTON, D.C., OCTOBER 30, 1981.

RONALD W. HAUGHTON, CHAIRMAN

HENRY B. FRAZIER III, MEMBER

LEON B. APPLEWHAITE, MEMBER

FEDERAL LABOR RELATIONS AUTHORITY

--------------- FOOTNOTES: ---------------

/1/ 5 U.S.C. 7122(A) PROVIDES:

(A) EITHER PARTY TO ARBITRATION UNDER THIS CHAPTER MAY FILE WITH THE
AUTHORITY AN EXCEPTION TO ANY ARBITRATOR'S AWARD PURSUANT TO THE
ARBITRATION (OTHER THAN AN AWARD RELATING TO A MATTER DESCRIBED IN
SECTION 7121(F) OF THIS TITLE). IF UPON REVIEW THE AUTHORITY FINDS THAT
THE AWARD IS DEFICIENT--

(1) BECAUSE IT IS CONTRARY TO ANY LAW, RULE, OR REGULATION; OR

(2) ON OTHER GROUNDS SIMILAR TO THOSE APPLIED BY FEDERAL COURTS IN
PRIVATE SECTOR

LABOR-MANAGEMENT RELATIONS; THE AUTHORITY MAY TAKE SUCH ACTION AND
MAKE SUCH RECOMMENDATIONS CONCERNING THE AWARD AS IT CONSIDERS
NECESSARY, CONSISTENT WITH APPLICABLE LAWS, RULES, OR REGULATIONS.