19:0297(41)AR - VA Medical Center of Cleveland and AFGE Local 31 -- 1985 FLRAdec AR



[ v19 p297 ]
19:0297(41)AR
The decision of the Authority follows:


 19 FLRA No. 41
 
 VETERANS ADMINISTRATION
 MEDICAL CENTER OF CLEVELAND
 Activity
 
 and
 
 AMERICAN FEDERATION OF GOVERNMENT
 EMPLOYEES, LOCAL 31
 Union
 
                                            Case No. O-AR-802
 
                                 DECISION
 
    This matter is before the Authority on an exception to the award of
 Arbitrator Alan M. Wolk 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.
 
    According to the Arbitrator, the grievance in this case claimed that
 the separation of the grievant was unjust in violation of law and the
 parties' collective bargaining agreement.  The grievant had received a
 veterans readjustment appointment /1/ subject to the completion of a
 one-year initial probationary/trial period.  During this initial trial
 period, the grievant was separated for unsatisfactory work performance
 and conduct.  A grievance was filed and submitted to arbitration
 challenging the separation.  Before the Arbitrator, the Activity argued
 on the basis of Department of Justice, Immigration and Naturalization
 Service v. FLRA, 709 F.2d 724 (D.C. Cir. 1983) that the separation of
 the grievant during his probationary/trial period was similarly
 precluded from coverage by a grievance procedure negotiated under the