ARBITRATING EQUAL PAY ACT DISPUTES–EASY-PEASY
What can a Hispanic woman do if she is not getting the same salary as a man performing nearly identical duties? She can file a complaint with the EEOC claiming a violation of the Equal Pay Act (EPA), but she cannot file the same allegations in the grievance-arbitration forum because FLRA said so in DOL and AFGE, Local 12, 63 FLRA 216 (2009). It claims that because the grievance would seek to have the person reclassified to a higher grade that violates the statutory prohibition against grieving classification matters. FLRA prefers to ignore the more basic nature of the grievance, i.e., a discrimination claim like any other that can be grieved and arbitrated. Moreover, even if an arbitrator ordered a person’s job upgraded law still permits the agency to immediately downgrade the job so long as it follows proper procedures. There is nothing “permanent” about any upgrade. But how can unions ever get this changed if FLRA arbitration exception decisions on what is grievable are not reviewable in court? EASY-PEASY! Continue reading