VA Medical Center Lyons and AFGE Local 1012 (Authority decision, July 16, 1985)

Final FLRA decision. The Authority resolves exceptions to an arbitration award. 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

A dental assistant was detailed to supervisory work, and an arbitrator awarded her a temporary promotion to the higher grade. The Authority found that she did not meet the position's minimum qualifications when the promotion would have occurred. It set aside the award as contrary to civil service requirements.

Decision snapshot

• Authority: Arbitration review under 5 U.S.C. § 7122(a).
• Outcome: Temporary promotion award set aside.
• Key point: Higher grade duties did not overcome minimum qualification rules.

Full text (FLRA public release)

[ v19 p167 ]

19:0167(16)AR

The decision of the Authority follows:

19 FLRA No. 16

VETERANS ADMINISTRATION MEDICAL CENTER,
LYONS, NEW JERSEY
Activity

and

AMERICAN FEDERATION OF GOVERNMENT
EMPLOYEES, LOCAL NO. 1012
Union

Case No. O-AR-832

DECISION

This matter is before the Authority on exception to the award of Arbitrator Lawrence I. Hammer filed by the Agency under section 7122(a) of the Federal Service Labor-Management Statute and part 2425 of the Authority's Rules and Regulations.

The dispute before the Arbitrator concerned the detail of the grievant, a Dental Assistant, GS-4, to the position of a Supervisor Dental Assistant, GS-6, for the period of April 2 through April 30, 1984. The Activity refused to promote the grievant temporarily to GS-6 because the Activity determined that the grievant did not meet the minimum qualification requirements of Civil Service Handbook X-118 (Qualification Standards) for the position of Dental Assistant, GS-6, in that she did not have one year of qualifying experience at Dental Assistant, GS-5, or its equivalent. A grievance was filed claiming an entitlement to a temporary promotion. The Activity responded to the grievance by granting the grievant for the period in dispute a retroactive temporary promotion with backpay to the position of Dental Assistant, GS-5, for which the grievant was qualified. The grievance however remained unresolved as to the entitlement to a promotion to GS-6 and was submitted to arbitration. The Arbitrator as his award ruled that the grievant was entitled to have been temporarily promoted for the period of the detail to Supervisory Dental Assistant, GS-6, and that the Activity had violated the parties' collective bargaining agreement by failing to have done so. Thus, the Arbitrator essentially directed that the grievant be retroactively promoted for the period of the detail to GS-6 with backpay. With respect to the amount of backpay, the Arbitrator directed that it be the amount awarded by the Activity which because of the step placement in grade 5 was an amount greater than the amount for GS-6, step 1.

As one of its exceptions, the Agency contends that the award is deficient as contrary to civil service law and regulation because the grievant was not qualified for promotion to GS-6. The Authority agrees.

The Authority has uniformly recognized that in order for an employee to be properly promoted consistent with civil service law and regulation, whether temporarily or permanently, the employee must meet at the time of the promotion the minimum qualification requirements for the position to which the employee is to be promoted. See Department of the Army, Headquarters XVIII Airborne Corps and Fort Bragg and American Federation of Government Employees, Local 1770, 18 FLRA No. 63 (1985). In terms of this case, as already noted, the grievant did not meet the minimum qualification requirements for a temporary promotion to Supervisory Dental Assistant, GS-6, for the period of her detail. In these circumstances, the Authority finds that to the extent the award is based on the Arbitrator's ruling that the grievant was entitled to have been promoted to Supervisory Dental Assistant, GS-6, the award is deficient as contrary to civil service law and regulation and must be set aside. /1/ Issued, Washington, D.C., July 16, 1985. Henry B. Frazier III, Acting Chairman William J. McGinnis Jr., Member FEDERAL LABOR RELATIONS AUTHORITY

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