Click here to view the decision.
57 FLRA No. 181
U. S. Dept. of Defense, National Imagery and Mapping Agency, St. Louis, Missouri and AFGE, Local 1827 (Nitka, Arbitrator), 0-AR-3428 (Decided June 11, 2002)
The grievances in this case challenged the contribution level that the Agency assigned to the grievants under the system that the Agency established to determine employee compensation. The Arbitrator found that the grievances were arbitrable, and ordered that the grievances be presented for resolution on the merits. The Authority set aside the award.
The Authority questioned whether the determination of an employee's contribution level is a matter that Congress intended to be solely and exclusively within the Agency's discretion to decide, or whether Congress intended such a determination to be subject to an arbitrator's review under the negotiated grievance and arbitration procedure established pursuant to § 7121 of the Statute. The Authority found that it was Congress intention that the determination of an employee's contribution level is a matter solely and exclusively within the Agency's discretion to decide. Thus, the Authority concluded that determinations of employee compensation pursuant to 10 U.S.C. § 1601 are not subject to the parties' grievance and arbitration procedures, negotiated pursuant to § 7121 of the Statute, and, as a matter of law, are not arbitrable. Therefore, the Arbitrator's determination that the grievances were arbitrable were contrary to law within the meaning of § 7122(a)(1) of the Statute.