20:0684(78)AR - SSA and AFGE Local 1923 -- 1985 FLRAdec AR



[ v20 p684 ]
20:0684(78)AR
The decision of the Authority follows:


 20 FLRA No. 78
 
 SOCIAL SECURITY ADMINISTRATION
 Agency
 
 and
 
 AMERICAN FEDERATION OF GOVERNMENT 
 EMPLOYEES, LOCAL 1923
 Union
 
                                            Case No. 0-AR-1002
 
                                 DECISION
 
    This matter is before the Authority on an exception to the award of
 Arbitrator James C. Oldham filed by the Agency under section 7122(a) of
 the Federal Service Labor-Management Relations Statute and part 2425 of
 the Authority's Rules and Regulations.
 
    The Arbitrator determined that the grievant had been temporarily
 assigned to a position of higher grade from October 25, 1981, until
 March 1984, and that under the express terms of the parties' collective
 bargaining agreement, she was entitled to a temporary promotion
 effective the first day of the assignment.  Accordingly, he awarded the
 grievant a retroactive temporary promotion and backpay from October 25,
 1981, until the day in March 1984 that she returned to her original
 position.
 
    In its exception the Agency contends that the award, in part, is
 contrary to the Back Pay Act, 5 U.S.C. Sec. 5596.  Specifically, the
 Agency maintains that the parties' collective bargaining agreement on
 which the Arbitrator based his award did not become effective until June
 11, 1982.  Thus, the Agency argues that there is no basis under the Back
 Pay Act for the award of retroactive promotion and