17:0237(35)AR - VA Medical Center, SEPULVEDA and AFGE Local 1697 -- 1985 FLRAdec AR
[ v17 p237 ]
17:0237(35)AR
The decision of the Authority follows:
17 FLRA No. 35
VETERANS ADMINISTRATION MEDICAL
CENTER, SEPULVEDA
Activity
and
AMERICAN FEDERATION OF GOVERNMENT
EMPLOYEES, LOCAL 1697, AFL-CIO
Union
Case No. O-AR-834
(16 FLRA No. 12)
SUPPLEMENTAL ORDER DISMISSING EXCEPTIONS
On September 24, 1984, the Authority issued an Order dismissing the
exceptions in the above-captioned case because, among other things, it
appeared that the exceptions were filed by the grievant and that the
grievant was not a party in the proceeding before the Arbitrator and,
therefore, was not entitled to file the exceptions under section
2425.1(a) of the Authority's Rules and Regulations. Accordingly, and
apart from other considerations, the exceptions were denied. The
grievant subsequently filed a submission establishing that he was
authorized to file the exceptions on behalf of the Union. Accordingly,
the conclusion that the grievant was not entitled to file the exceptions
is hereby reversed.
However, apart from that consideration, the Union's exceptions are
otherwise procedurally deficient as untimely filed and, therefore, the
Order of September 24, 1984, is hereby amended to explicitly dismiss the
exceptions on that basis.
The Arbitrator's award is dated June 26, 1984, and appears to have
been served on the parties by mail the same day. In the award, the
Arbitrator stated that she would retain jurisdiction of the matter "in
the event the grievant is found to be qualified, and the parties are
unable to agree upon a remedy." By letter of August 7, 1984, the
Arbitrator responded to certain communications from the parties advising
them that because the Activity had determined that the grievant was not
qualified for the particular position involved, she had not retained
jurisdiction. The