15:0123(22)AR - VA Medical Center, Kerrville, TX and AFGE Local 2281 -- 1984 FLRAdec AR



[ v15 p123 ]
15:0123(22)AR
The decision of the Authority follows:


 15 FLRA No. 22
 
 VETERANS ADMINISTRATION MEDICAL
 CENTER, KERRVILLE, TEXAS
 Activity
 
 and
 
 AMERICAN FEDERATION OF GOVERNMENT
 EMPLOYEES, AFL-CIO, LOCAL 2281
 Union
 
                                            Case No. O-AR-612
 
                                 DECISION
 
    This matter is before the Authority on exceptions to the award of
 Arbitrator John A. Bailey filed by 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 dispute in this case concerns the separation of the grievant
 during her probationary period.  A grievance was filed and submitted to
 arbitration contesting the separation.  The Arbitrator determined that
 the matter was arbitrable, but he denied the grievance on its merits.
 
    As one of its exceptions, the Union contends that the award is
 contrary to law.  Because the Authority has determined, for the reasons
 which follows, that the instant grievance was not arbitrable, it need
 not address the merits of the Union's exceptions.
 
    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 conclusion of the court in Department of
 Justice, Immigration and Naturalization Service v. Federal Labor
 Relations Authority, 709 F.2d 724 (D.C. Cir. 1983), that coverage by a
 negotiated grievance procedure of a grievance concerning the separation