Click here to view the decision.
57 FLRA No. 58
U.S. Dept. of Defense, Marine Corps Logistics Base, Albany, Georgia and AFGE, Local 22 (Scola, Arbitrator), 0-AR-3383 (Decided June 21, 2001)
The Arbitrator sustained a grievance alleging that the Agency violated the parties' collective bargaining agreement by not providing the grievants with an accurate position description (PD). To remedy the Agency's violation, the Arbitrator ordered that the Agency implement a proposed PD written by the grievants and their supervisor. The Authority found that the Agency failed to establish that the award was deficient under § 7122(a) of the Statute.
Preliminarily, the Authority concluded ta the exceptions were timely filed. The Authority also concluded that the award was not contrary to § 7121(c)(5) of the Statute. The Authority noted that under § 7121(c)(5) of the Statute, a grievance concerning "the classification of any position which does not result in the reduction in grade or pay of an employee" is removed from the scope of the negotiated grievance procedure. In this case, the Authority noted that because the substance of the grievance concerned whether the duties regularly assigned by management and performed by the grievants were accurately reflected in the PD, the fact that the award may result in the reclassification of the grievants' positions did not render this a dispute concerning classification. The Authority found that the award did not concern the classification of a position and, therefore, was not deficient as contrary to § 7121(c)(5) of the Statute. The Authority also concluded that the award did not affect management's rights under section 7106(a) of the Statute.