American Federation of Government Employees, Local 1923 and Social Security Administration, Headquarters, Bureaus and Offices (Authority decision, August 10, 1983)

Final FLRA decision. The Authority resolved exceptions to an arbitration award under 5 U.S.C. § 7122. Judicial review of an arbitration order is generally excluded by 5 U.S.C. § 7123(a)(1) unless it involves an unfair labor practice under § 7118. This decision does not address an unfair labor practice.

Plain-English summary

A Social Security Administration secretary performed higher graded duties in rotating details totaling more than 80 days, but none lasted more than 30 consecutive days. An arbitrator read the agreement to require higher pay after 30 cumulative calendar days and awarded a temporary promotion and backpay. The agency challenged the award on legal, contract, fact, and hearing grounds. The Authority found the exceptions amounted to disagreement with the arbitrator’s contract interpretation and denied them.

Decision snapshot

• Authority: Arbitration exception review under 5 U.S.C. § 7122(a).
• Outcome: Agency exceptions denied; temporary promotion and backpay award remained in place.
• Key point: The Authority left the arbitrator’s reading of the detail pay clause intact.

Full text (FLRA public release)

[ v12 p511 ]

12:0511(96)AR

The decision of the Authority follows:

12 FLRA No. 96

AMERICAN FEDERATION OF GOVERNMENT
EMPLOYEES, LOCAL 1923
Union

and

SOCIAL SECURITY ADMINISTRATION,
HEADQUARTERS, BUREAUS AND OFFICES
Activity

Case No. O-AR-239

DECISION

This matter is before the Authority on exceptions to the award of Arbitrator Leroy S. Merrifield 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.

This matter concerns the performance by the grievant, a section secretary, GS-4, of the duties of the position of branch secretary, GS-5, for a total period of over 80 days in a rotating detail during which she never served for more than 30 consecutive calendar days in the position. The grievant filed a grievance claiming that she had been detailed to the branch secretary position for a period that exceeded 30 calendar days and that under Article 17, Section (C)(3) of the parties' collective bargaining agreement /1/ she was entitled to have been paid at the GS-5 rate for the cumulative period of her detail. The Activity denied the grievance because the grievant had not served more than 30 consecutive calendar days in the branch secretary position, and the grievance was submitted to arbitration on the issue of whether the Activity had violated the agreement by denying the grievant a temporary promotion and backpay.

The Arbitrator ruled that the collective bargaining agreement did not require a detail to a higher grade position for 30 calendar days or more to be consecutive days in order for the employee to be entitled to be paid at the higher rate. Accordingly, the Arbitrator awarded as follows:

1. The employer violated the collective agreement by denying a
   temporary promotion and backpay to (the Grievant).

2. The employer shall place in the Grievant's Official
   Personnel Folder a Standard Form 52 noting the detail to the GS-5 Secretary position.

3. The employer shall indicate in the Grievant's Official
   Personnel Folder that she derive whatever benefits accrue from an accurate recording of this temporary promotion during the time the Grievant performed the duties of the GS-5 Secretary.

4. The Grievant shall be made whole by compensating her with
   the backpay for the relevant period in the amount equal to the difference between what she was actually paid and what she should have been paid by the employer at the GS-5 rate.

The Agency has filed exceptions to the award contending that the award is contrary to law, rule, or regulation; that the award fails to draw its essence from the collective bargaining agreement and is based on a nonfact; that the Arbitrator failed to conduct a fair hearing by refusing to consider pertinent and material evidence; and that the award creates a new contract between the parties by which the Agency cannot abide. The Authority finds that the exceptions fail to establish that the award is deficient on any basis as contended by the Agency. The exceptions constitute nothing more than disagreement with the Arbitrator's interpretation of the parties' agreement to find that there was no requirement of 30 or more consecutive calendar days on detail and that consequently the Activity violated the agreement by denying a temporary promotion and backpay to the grievant. The Agency in these exceptions is clearly seeking to have its own interpretation of the agreement substituted for the interpretation of the Arbitrator. Accordingly, the exceptions provide no basis for finding the award deficient and the exceptions are denied. See, e.g., National Federation of Federal Employees, Local 1418 and U.S. International Communication Agency, Voice of America, 9 FLRA No. 137 (1982). Issued, Washington, D.C., August 10, 1983 Barbara J. Mahone, Chairman Ronald W. Haughton, Member Henry B. Frazier III, Member FEDERAL LABOR RELATIONS AUTHORITY

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

/1/ Article 17, Section (C)(3) pertinently provides: "Employees detailed to higher grade positions for 30 calendar days or more shall be paid the appropriate higher rate from the first day of detail."