Letterman Army Medical Center, Nutrition Care Directorate and Independent Letterman Hospital Workers' Union (Authority decision, November 30, 1987)

Final FLRA decision. The Authority denies the union's exceptions to an arbitration award finding the grievance outside the negotiated procedure. Under 5 U.S.C. § 7123(a)(1), an order involving an arbitral award is generally excluded from judicial review unless it involves an unfair labor practice under 5 U.S.C. § 7116. This decision does not decide an unfair labor practice.

Plain-English summary

The union president was separated from federal service during the first year of a veterans readjustment appointment. An arbitrator ruled that a grievance over the separation could not be heard under the negotiated grievance procedure. The union argued that this conflicted with its labor agreement. The Authority held that the rules for this appointment were materially like probationary employment rules, which exclude first-year separation grievances from negotiated procedures. It denied the union's exceptions.

Decision snapshot

• Authority: Review of an arbitration award under 5 U.S.C. § 7122(a).
• Outcome: Union's exceptions denied; grievance remains nonarbitrable.
• Key point: Separation during the first year of a veterans readjustment appointment was excluded from the negotiated grievance procedure.

Full text (FLRA public release)

[ v30 p298 ]

30:0298(36)AR

The decision of the Authority follows:

30 FLRA NO. 36
30 FLRA 298

30 NOV 1987

LETTERMAN ARMY MEDICAL CENTER
NUTRITION CARE DIRECTORATE

Activity

and

INDEPENDENT LETTERMAN HOSPITAL
WORKERS' UNION

Union

Case No. 0-AR-1392

DECISION

I. Statement of the Case

This case is before the Authority on exceptions to the award of Arbitrator Emily Maloney 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. For the reasons stated below, the Union's exceptions are denied.

II. Background and Arbitrator's Award

The dispute before the Arbitrator involved the separation of the Union president from the Federal service in 1983, during the first year of his employment under a veterans readjustment appointment. 1 The Arbitrator found that the grievance was not grievable or arbitrable.

III. Discussion

In its exceptions, the Union contends that the Arbitrator's award is contrary to the parties' collective bargaining agreement.

The Authority has determined that, with respect to grievances and arbitration, the statutory and regulatory scheme for veterans readjustment appointments is not materially different from the scheme for a probationary period of employment in the competitive service under 5 U.S.C. 3321 and 5 C.F.R. part

315. Veterans Administration Medical Center of Cleveland and
     American Federation of Government Employees, Local 31, 19 FLRA 297, 299 (1985). Therefore, grievances concerning the separation of a veterans readjustment appointee during the initial year of employment are precluded from coverage by negotiated grievance procedures. Id. See also Department of Health and Human Services, Social Security Administration and American Federation of Government Employees, Local 1923, AFL - CIO, 15 FLRA 714 (1984).

Although the Arbitrator in this case did not base her ruling on the Authority's determination in Veterans Administration Medical Center of Cleveland, she properly decided, in part because of the grievant's probationary status, that the dispute concerning the separation of the grievant during the first year of his readjustment appointment was not grievable or arbitrable.

IV. Conclusion

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. Specifically, the Union has failed to establish 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 the Federal courts in private sector labor relations.

Accordingly, the Union's exceptions are denied.

Issued, Washington, D.C., November 30, 1987

Jerry L. Calhoun, Chairman

Jean McKee, Member

FEDERAL LABOR RELATIONS AUTHORITY

FOOTNOTES

Footnote 1 A veterans readjustment appointment is an excepted appointment of a veteran who served during the Vietnam era to a position otherwise in the competitive service and is made under the authority of 38 U.S.C. 2014, as amended. 5 C.F.R. 307.101(c).