Naval Air Rework Facility, Jacksonville, Florida and International Brotherhood of Teamsters, Local 512 (Authority decision, July 27, 1987)

Final FLRA decision. The Authority denies a union exception to an arbitration award finding that a higher-grade pay grievance was excluded from arbitration as a position classification matter. Under 5 U.S.C. § 7123(a)(1), orders involving arbitral awards 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

WG-11 electronic mechanics at a Jacksonville naval rework facility claimed they performed WG-12 work and should receive the higher pay rate. An arbitrator found that granting the claim would effectively reclassify their positions, a subject excluded from the negotiated grievance procedure by statute. The union argued that employees performing higher-grade duties could seek corresponding pay. The Authority found no defect in the arbitrator's classification ruling and denied the exception. The grievance remains outside arbitration.

Decision snapshot

• Authority: Classification exclusion under 5 U.S.C. § 7121(c)(5); arbitration review under § 7122(a).
• Outcome: Union exception denied; grievance found nonarbitrable.
• Key point: A claim that assigned duties warrant a higher grade is a classification dispute excluded from this grievance procedure.

Full text (FLRA public release)

[ v28 p196 ]
28:0196(31)AR

The decision of the Authority follows:

28 FLRA NO. 31

NAVAL AIR REWORK FACILITY
JACKSONVILLE, FLORIDA

Activity

and

INTERNATIONAL BROTHERHOOD OF
TEAMSTERS, LOCAL 512

Union

Case No. O-AR-1325

DECISION

I. Statement of the Case

This matter is before the Authority on an exception to the award of Arbitrator Wayne G. Anderson 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

The grievance in this case was filed on behalf of a number of WG-11 electronic mechanics. The grievance alleged that the employees were performing WG-12 work and that they should have been paid at the WG-12 rate. The Arbitrator, noting that the Union was not contesting the accuracy of the employees' position descriptions, determined that to order the employees paid at the WG-12 rate in effect would be reclassifying the positions. The Arbitrator concluded that such a result would be contrary to section 7121(c)(5) of the Statute. Accordingly, as his award, he found that the grievance was not arbitrable.

III. Discussion

The Union contends that the award is deficient because "an employee who is required to perform work which is unequivocally the grade-controlling duties of a higher level position (may) seek pay appropriate to the higher wage classification of that position," and that the Arbitrator erred in finding that the grievance was not arbitrable based on section 7121(c)(5).

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 other grounds similar to those applied by Federal courts in private sector labor-management relations. See, for example, The Veterans Administration Medical Center, Togus, Maine and American Federation of Government Employees, Local 2610, AFL - CIO, 17 FLRA 963 (1985) (an arbitrator is correct in finding a grievance not arbitrable where the substance of the grievance concerns the grade level of duties assigned to and performed by an employee, because the grievance concerns the classification of a position within the meaning of section 7121(c)(5)) and, therefore, is excluded from coverage of negotiated grievance procedures). Accordingly, the Union's exception is denied.

Issued, Washington, D.C., July 27, 1987.

Jerry L. Calhoun, Chairman

Henry B. Frazier III, Member

Jean McKee, Member

FEDERAL LABOR RELATIONS AUTHORITY