12:0466(90)AR - VA Hospital, Muskogee, OK and AFGE Local 2250 -- 1983 FLRAdec AR



[ v12 p466 ]
12:0466(90)AR
The decision of the Authority follows:


 12 FLRA No. 90
 
 VETERANS ADMINISTRATION
 HOSPITAL, MUSKOGEE,
 OKLAHOMA
 Activity
 
 and
 
 AMERICAN FEDERATION OF
 GOVERNMENT EMPLOYEES,
 LOCAL 2250
 Union
 
                                            Case No. O-AR-225
 
                                 DECISION
 
    This matter is before the Authority on exceptions to the award of
 Arbitrator Don J. Harr 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 parties submitted to arbitration their dispute of whether the
 grievance in this case was grievable and arbitrable under the terms of
 Article XXXII, Section 13 of the collective bargaining agreement which
 was negotiated under provisions of Executive Order No. 11491.  The
 Arbitrator expressly determined that under Article XXXII, Section 13 of
 the agreement, pertaining to grievances involving the merit promotion
 plan, the grievance was not arbitrable.  As his award, the Arbitrator
 dismissed the grievance.
 
    In its first exception the Union contends in essence that the award
 is contrary to the Statute.  In support the Union argues that section
 7121(b)(3)(C) of the Statute, /1/ providing for binding arbitration as
 the terminal step of a negotiated grievance procedure, required