12/15/06: NTEU Chapter 293 prevailed in an arbitration contesting the denial of a career ladder promotion to a 20-year Broker/Dealer examiner. The arbitrator ruled that the grievant must be immediately promoted with one year of back pay.
The chapter presented a number of investigations that the grievant worked on which the SEC had cited in their Step One grievance response as being indicative of SK-14 work. The union also presented testimony of several coworkers (all of which are SK-14) who testified that they often go to the grievant for assistance in carrying out their higher graded duties.
The arbitrator seized on several union arguments in issuing his award, noting that the grievant cannot be held responsible for not doing work that management has not assigned to the grievant. And, finally, the arbitrator relied on the contract language for career ladder promotions, finding that “career enhancement” was the intent and expectation of the career ladder system. Therefore, he held that career ladder promotions are normal whereas the refusal to promote should be considered an exception.
Click here to read the Arbitrator's Decision.