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B-180010.08 1 (1976-05-04)

handle is hein.gao/gaobaddnv0001 and id is 1 raw text is: THE COMPTROL ER GENERAL D ISION ~OF THE UNITED STATES WASHINGTON, D. C. 2054B ITEc FILE: 5*180010.08 DATE: 1( MATTER OF: Willie W. Cunningham Arbitrator, Award of Retroactive Promotion and Backpay DIGEST: Federal Labor Relations Council requested decision on legality of arbitrator's award of retroactive promotion and backpay. Arbitrator found grievant was assigned higher duties but was not given temporary promution as provided in negotiated agreement. Award may not be implemented since new position had not yet been classified and grievant cannot be promoted to a position which did not exist. This action involves the request of December 16, 1975, by the Federal Labor Relations Council (FLRC) for an advance decision as to the legality of a retroactive promotion with backpay awarded by an arbitrator in che matter of vl or nion, Louisville, Kentucky and Local Lod-e -o, CO . Intenation c Machinits andAer .-uce vo_ r Care (Thiiomson, A.rbitrator), AZL.C No. 75A-9.. The case is before the Federzl Labor xelations (council as a result of a petition for review lled by the agency aileging that the award violates applicable laws and reguiaLiosa. The grievant in this case, Ms. Willie V. Cunningham, had been employed by the Naval Ordnance Station in the position of Mail Clerk, GS-305-G3, since 1970, and, since .at least July 1974, she had been spending part of her time performaing duties as a Dindary Heloer at the specific request of her supervisor. The grievant apparently informally discussed with her supervisor the possibility of a higher job classilication and higher pay, and on November 27, 1974, she fomally requested a promotion to the position of Helper, Bindery Worker. This requcst was denied and she filed a grievance on Deconseer 19, 1974, requesting a promation to the position of Helper, Bindery, effective September 29, 1974. The agency, on December 9, 1974, officially classified the position of Helper (Bindery), WP-4404-04, and the position description stated that 7 ;ercent of the typical work performed in the position would involve bindery work and 3j percent would involve mail distribution. Ms. Cunningham was given a temporary pro- motion to this position on December 22, 1974, and was permanently promoted to the position on February 16, 1975. PUBLISHED DECISION 55 Comp. Gen...... I

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