Social Security Administration, Office of Hearings and Appeals and American Federation of Government Employees, Local 3615 (Authority decision, December 24, 1984)

Final FLRA decision. This is a final order setting aside an arbitration award. Court review of an order involving an arbitration award is excluded by 5 U.S.C. § 7123(a)(1) unless the order involves an unfair labor practice under § 7116; this order does not address an unfair labor practice.

Plain-English summary

A probationary employee of the Social Security Administration grieved her separation. The arbitrator found the grievance arbitrable but denied it on the merits. The Authority held that governing law and regulations prevent negotiated grievance procedures from covering a probationary employee's separation. Because the arbitrator lacked a basis to decide the grievance, the Authority set aside the award in its entirety.

Decision snapshot

• Authority: Probationary employment rules under 5 U.S.C. § 3321 and 5 C.F.R. part 315, subpart H.
• Outcome: The arbitration award was set aside in its entirety.
• Key point: A negotiated grievance procedure cannot cover the separation of a probationary employee under the law applied here.

Full text (FLRA public release)

[ v16 p1081 ]
16:1081(141)AR

The decision of the Authority follows:

16 FLRA NO. 141

SOCIAL SECURITY ADMINISTRATION,
OFFICE OF HEARINGS AND APPEALS

Activity

and

AMERICAN FEDERATION OF GOVERNMENT
EMPLOYEES, LOCAL 3615

Union

Case No. 0-AR-863

DECISION

This matter is before the Authority on an exception to the award of Arbitrator Ira F. Jaffe 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 dispute in this case concerns the separation of the grievant during her probationary period. A grievance was filed and submitted to arbitration protesting the separation. The Arbitrator determined that the grievance was arbitrable and on the merits denied the grievance.

In its exception the Agency contends that the award is contrary to law and regulation. The Authority agrees.

In Department of Health and Human Services, Social Security Administration and American Federation of Government Employees, Local 3342, 14 FLRA No. 33 (1984), the Authority specifically held on the basis of the rationale and conclusions of the court in Department of Justice, Immigration and Naturalization Service v. FLRA, 709 F. 2d 724 (D.C. Cir. 1983), that coverage by a negotiated grievance procedure of a grievance concerning the separation of a probationary employee is precluded by governing law and regulation. Thus, in terms of this case, the Authority [ v16 p1081 ] concludes that the award, by finding the grievance arbitrable and resolving the grievance on the merits, is deficient in its entirety as contrary to the statutory and regulatory scheme set forth in 5 U.S.C. 3321 and 5 CFR part 315, subpart H. Accordingly, the award is set aside.

Issued, Washington, D.C., December 24, 1984

Henry B. Frazier III, Acting Chairman

Ronald W. Haughton, Member

FEDERAL LABOR RELATIONS AUTHORITY

[ v16 p1082 ]

CITATORS:

5 CFR 315
709 F.2d 724
5 USC 3321
14 FLRA 33
5 USC 7122(A)