| | 58:0416(102)AR - AFGE, Local 2142 and Dept. of the Army, Corpus Christi Army Depot, Corpus Christi, TX - 2003 FLRAdec AR |
 | | The Arbitrator noted that, in Local 2142, the Authority upheld the dismissal of the grievances as non-arbitrable on the ground that grievances concerning the "classification of the grievants' positions" are excluded from the negotiated grievance and arbitration procedure under § 7121(c)(5) of the Statute. |
| | When the substance of a grievance concerns whether the grievant is entitled to a temporary promotion under a collective bargaining agreement by reason of having performed the duties of a higher-graded position, the grievance does not concern the classification of a position within the meaning of § 7121(c)(5). |
| | Based on Local 2142, therefore, it is excluded from the negotiated grievance procedure as a matter of law under § 7121(c)(5) of the Statute. |
| www.flra.gov /decisions/v58/58-102.html (1112 words) |
