Click here to view the decision.
59 FLRA No. 110
U. S. Dept. of Veterans Affairs, Medical Center, Asheville, North Carolina and AFGE, Local 446 ( McPherson, Jr., Arbitrator) 0-AR-3712 (Decided January 30, 2004)
The Arbitrator found that the grievant was entitled to backpay for the performance of higher-graded duties and denied the Union's request for attorney fees. The Authority remanded the award to the Arbitrator for a determination regarding the grievant's minimum qualifications and denied the remaining exceptions.
The Authority found that the award did not concerned the classification of a position within the meaning of 5 U.S.C. § 7121(c)(5) and 5 U.S.C. § 7103(a)(14)(B). The Authority also found that as the award interpreted and enforced the temporary promotion provisions of the parties' agreement, it did not affect management's right to assign work under § 7106(a). As to the award of backpay, the Authority noted that the record was insufficient to make a determination as to whether the grievant possessed the minimum qualifications required by OPM for a temporary promotion to the higher-graded GS-303-07 Program Support Assistant position. Given this lack of evidence, the Authority noted that it was unable to assess whether the grievant possessed the minimum qualification requirements and remanded the award for clarification.