Veterans Administration and American Federation of Government Employees, Local 2978 (Authority decision, August 4, 1983)

Final FLRA decision. The Authority resolved exceptions to an arbitration award under 5 U.S.C. § 7122. Judicial review of an arbitration order is generally excluded by 5 U.S.C. § 7123(a)(1) unless it involves an unfair labor practice under § 7118. This decision does not address an unfair labor practice.

Plain-English summary

An arbitrator dismissed a grievance over the discharge of a probationary Veterans Administration employee because he found the labor agreement did not cover it. The union argued that the discharge should have been treated as a disciplinary action under the agreement. The Authority held that the exception merely disputed the arbitrator’s reading of the contract. It denied the exception and left the grievance dismissal in place.

Decision snapshot

• Authority: Arbitration exception review under 5 U.S.C. § 7122(a).
• Outcome: Union exception denied; award dismissing the grievance remained in place.
• Key point: Disagreement with the arbitrator’s contract interpretation did not establish a deficient award.

Full text (FLRA public release)

[ v12 p464 ]

12:0464(89)AR

The decision of the Authority follows:

12 FLRA No. 89

VETERANS ADMINISTRATION
(Agency)

and

AMERICAN FEDERATION OF GOVERNMENT
EMPLOYEES, AFL-CIO, LOCAL 2978
(Union)

Case No. O-AR-513

DECISION

This matter is before the Authority on an exception to the award of Arbitrator Seymour Strongin filed on behalf of the Union under section 7122(a) of the Federal Service Labor-Management Relations Statute and part 2425 of the Authority's Rules and Regulations. The Agency filed an opposition to the Union's exception.

The dispute in this matter concerns the issue of whether the discharge of a probationary employee, allegedly for cause, is arbitrable under the parties' collective bargaining agreement. The Arbitrator concluded that the grievance machinery of the parties' agreement does not cover disputes involving the discharge of probationary employees. Accordingly, as his award, the Arbitrator dismissed the grievance.

In its exception, the Union contends that the award is deficient "because the grounds on which the arbitrator founded his award do not constitute a legitimate basis upon which to have determined the grievance to be nonarbitrable." More specifically, the Union essentially disputes the Arbitrator's conclusion that termination of a probationary employee does not constitute a "disciplinary action" within the meaning of the pertinent agreement provision.

Upon careful consideration of the entire record before the Authority, the Authority concludes that the Union's assertions in support of its exception merely constitute disagreement with the Arbitrator's interpretation and application of the parties' collective bargaining agreement. Consequently, the exception provides no basis for finding the award deficient. See, e.g., U.S. Department of Labor and National Council of Field Labor Locals, Local 644, American Federation of Government Employees, 6 FLRA No. 61 (1981).

Accordingly, the Union's exception is denied.

Issued, Washington, D.C., August 4, 1983

Barbara J. Mahone, Chairman
Ronald W. Haughton, Member
Henry B. Frazier III, Member
FEDERAL LABOR RELATIONS AUTHORITY