14:0164(33)AR - HHS, SSA and AFGE Local 3342 -- 1984 FLRAdec AR



[ v14 p164 ]
14:0164(33)AR
The decision of the Authority follows:


 14 FLRA No. 33
 
 DEPARTMENT OF HEALTH AND
 HUMAN SERVICES, SOCIAL SECURITY
 ADMINISTRATION
 Agency
 
 and
 
 AMERICAN FEDERATION OF GOVERNMENT
 EMPLOYEES, LOCAL 3342
 Union
 
                                            Case No. O-AR-674
 
                                 DECISION
 
    This matter is before the Authority on exceptions to the award of
 Arbitrator Isabel Marcus 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 termination of the grievant
 during his probationary period for unsatisfactory work performance.  A
 grievance was filed and submitted to arbitration to decide whether the
 grievance was arbitrable and, if so, whether the grievant's separation
 was proper.  The Arbitrator determined that the grievance was arbitrable
 and that the separation was in violation of the parties' collective
 bargaining agreement.  Accordingly, the Arbitrator reinstated the
 grievant to a probationary position with backpay and benefits.
 
    As one of its exceptions, the Agency contends, on the basis of the
 decision in Department of Justice, Immigration and Naturalization
 Service v. Federal Labor Relations Authority, 709 F.2d 724 (D.C. Cir.
 1983), issued subsequent to the Arbitrator's award herein, that the
 award is contrary to law.