19:0535(67)AR - VA Medical Center, Newington, CT and NAGE Local R1-109 -- 1985 FLRAdec AR



[ v19 p535 ]
19:0535(67)AR
The decision of the Authority follows:


 19 FLRA No. 67
 
 VETERANS ADMINISTRATION
 MEDICAL CENTER, NEWINGTON
 CONNECTICUT
 Activity
 
 and
 
 NATIONAL ASSOCIATION OF
 GOVERNMENT EMPLOYEES,
 LOCAL R1-109
 Union
 
                                            Case No. O-AR-806
 
                                 DECISION
 
    This matter is before the Authority on exceptions to the award of
 Arbitrator John J. Graham 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 Union filed an opposition.
 
    The parties' stipulated and submitted to arbitration the following
 issues:
 
          1.  Has the V.A. Medical Center complied with Article XXVI,
       Section I of the Master Agreement in its attempts to provide fair
       and equitable scheduling with equitable distribution of desirable
       days off in light of any already existing agreements and the needs
       of the service, and has Section V of Article XXVI of the
       Supplemental Agreement been complied with for Medical Technicians
       within their category and work area?
 
          2.  Has the grievant been treated fairly under present contract
       provisions?
 
    The Arbitrator in his award answered the submitted issues in the
 negative.  With respect to a remedy, the Arbitrator concluded that with
 so many medical technicians, the position held by the grievant, and
 medical technologists, a professional position excluded from the
 bargaining unit covered by the parties' agreements, qualified in the
 same work, the Activity "is in an advantageous position to minimize the
 inconvenience to all and to eliminate the oppression of any employees."
 Accordingly, as a remedy, the Arbitrator awarded as follows:
 
          Therefore, after Employer abides by the terms of Section 10,
       Article XXVI, Supplemental Agreement, the grievant shall be just
       one of a pool of all the technologists and technicians in the
       Laboratory Service doing the same work to share in the staffing
       for all undesirable shifts and days, and to compensate for the
       past over-assignment of the grievant to such undesirable shifts
       and days, the grievant shall not be called upon for her first turn
       in the staffing of such shifts for a period of nine months
       following the delivery of this Award.
 
    In one of its exceptions, the Agency essentially contends that the
 Arbitrator exceeded his authority by issuing an affirmative order as to
 nonbargaining-unit medical technologists when the stipulated issue
 related solely to the grievant and medical technicians.  The Authority
 agrees.
 
    The Authority has specifically found arbitration awards deficient as
 in excess of the arbitrator's authority when the arbitrator issued an
 affirmative order affecting positions and employees beyond the scope of
 the stipulated grievance.