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57 FLRA No. 1
AFGE, Local 1698 and United States Dept. of The Navy, Naval Inventory Control PointPhiladelphia, Pennsylvania (Gershenfeld, Arbitrator), 0-AR-3325 (Decided March 12, 2001)
The Arbitrator found that the grievant's request for backpay was integrally related to the classification of the grievant's position and did not involve a reduction of pay. As a result, the Arbitrator concluded that the issue was not arbitrable under the terms of the parties' collective bargaining agreement. The Authority found that the Union failed to show that the award was deficient and dismissed the exception.
The Authority preliminarily found that the Union's exception satisfied 5 C.F.R. § 2425.2(a)-(c) and (e). Ho··___··wever, the Authority concluded that the Authority was barred from considering the exception by 5 C.F.R. § 2429.5. The Authority explained that under § 2429.5 of its regulations, it will not consider issues that could have been, but were not, presented to the arbitrator The Authority found nothing in the record which indicated that the issues of whether the grievance concerned pay fixing under 5 U.S.C. § 5301 or classification under § 7121(c) of the Statute were raised at arbitration.