Veterans Administration Medical Center, Leavenworth, Kansas and American Federation of Government Employees, Local 85 (Authority decision, August 14, 1987)

Final FLRA decision. The Authority denies the union's exception to an arbitration award that retained an admissions clerk's admonishment while removing the word "insubordinate." Under 5 U.S.C. § 7123(a)(1), orders involving arbitral awards are generally excluded from judicial review unless they involve an unfair labor practice under 5 U.S.C. § 7116. This decision does not state that it involves one.

Plain-English summary

A Leavenworth VA medical center admonished an admissions clerk after he failed to refer a prospective patient for physician evaluation as required by a center policy. An arbitrator found that discipline was warranted but removed the word "insubordinate" because the evidence did not support that stronger description. The union argued that changing the admonishment went beyond the issue the parties had submitted. The Authority found no basis under the arbitration review statute to set aside the award and denied the union's exception. The admonishment remains without that word.

Decision snapshot

• Authority: Arbitration exception under 5 U.S.C. § 7122(a).
• Outcome: Union exception denied; modified admonishment stands.
• Key point: The union did not show that the arbitrator exceeded his authority by narrowing the disciplinary wording.

Full text (FLRA public release)

[ v28 p594 ]
28:0594(75)AR

The decision of the Authority follows:

28 FLRA NO. 75

VETERANS ADMINISTRATION MEDICAL
CENTER, LEAVENWORTH, KANSAS

Activity

and

AMERICAN FEDERATION OF GOVERNMENT
EMPLOYEES, LOCAL 85

Union

Case No. 0-AR-1376

DECISION

I. Statement of the Case

This matter is before the Authority on an exception to the award of Arbitrator John M. Gradwohl filed by the Union under section 7122(a) of the Federal Service Labor - Management Relations Statute (the Statute) and part 2425 of the Authority's Rules and Regulations. The Veterans Administration filed an opposition.

II. Background and Arbitrator's Award

The grievant is an admissions clerk at the Activity. He was issued a letter of admonishment for his "insubordinate failure" to follow the Activity's Medical Center Policy Memorandum 136-15. He refused by inaction to refer a prospective patient to be evaluated by an Activity physician regardless of the individual's administrative eligibility for admission to the Medical Center hospital. A grievance was filed and submitted to arbitration. The stipulated issue before the Arbitrator was whether the Activity had just and sufficient cause to issue an admonishment to the grievant for "insubordinate failure" to follow the Memorandum.

The Arbitrator found that the grievant did not perform his duties in accordance with standard operating procedures as specified in the Memorandum. He found that some disciplinary action was warranted for the grievant's failure to follow standard operating procedures and noted that admonishment is the least punitive form of discipline under penalties for the stated offense. The Arbitrator determined that although the admonishment should be allowed to stand, the reference to the term "insubordinate" should be deleted from the admonishment. He determined that the term "insubordinate" carries a stronger meaning than is warranted by the evidence of the grievant's action in failing to follow the standard operating procedures. Accordingly, the Arbitrator sustained the grievance with respect to the term "insubordinate" and denied it as to all other aspects.

III. Discussion

As its exception, the Union contends that the Arbitrator exceeded his authority by failing to limit his award to the issue submitted. The Union contends that the Arbitrator's removal of the term "insubordinate" from the admonishment created a different issue from the one presented to him for a decision. The Agency contends that the issue stipulated by the parties was broadly stated so that it was properly addressed by the Arbitrator.

We conclude that the Union has failed to establish that the Arbitrator's award is deficient on any of the grounds set forth in section 7122(a) of the Statute; that is, that the award is contrary to any law, rule, or regulation or that the award is deficient on other grounds similar to those applied by Federal courts in private sector labor-management relations. See Air Force Space Division, Los Angeles Air Force Station, California and American Federation of Government Employees, AFL - CIO, Local 2429, 24 FLRA No. 58 (1986) (the exception disagreed with the arbitrator's formulation of the issues submitted and with the arbitrator's fashioning of a remedy and provided no basis for finding the award deficient). Accordingly, the Union's exception is denied.

Issued, Washington, D.C., August 14, 1987.

Jerry L. Calhoun, Chairman

Henry B. Frazier III, Member

Jean McKee, Member

FEDERAL LABOR RELATIONS AUTHORITY