26:0371(45)AR - VA Medical Center, Omaha, Nebr., and AFGE, Local 2270 -- 1987 FLRAdec AR



[ v26 p371 ]
26:0371(45)AR
The decision of the Authority follows:


 26 FLRA No. 45
 
 VETERANS ADMINISTRATION MEDICAL 
 CENTER, OMAHA, NEBRASKA
 Activity
 
 and
 
 AMERICAN FEDERATION OF GOVERNMENT 
 EMPLOYEES, LOCAL 2270
 Union
 
                                            Case No. 0-AR-1222
 
                                 DECISION
 
                         I.  STATEMENT OF THE CASE
 
    This matter is before the Authority on an exception to the award of
 Arbitrator Henry M. Grether filed by the Union under section 7122(a) of
 the Federal Service Labor-Management Relations Statute (the Statute) and
 part 2425 of the Authority's Rules and Regulations.
 
                  II.  BACKGROUND AND ARBITRATOR'S AWARD
 
    The grievants in this case are four certified respiratory therapists
 employed by the Activity.  Their appointments were converted from
 appointments under Title 5, United States Code, in the regular civil
 service personnel system to appointments in the personnel system under
 Title 38.  The appointment conversions were authorized by the 1983
 amendments to Title 38 (Veterans Health Care Amendments of 1983, Pub. L.
 98-160).  Under the amendments to Title 38 and the implementing
 regulations of the Veterans Administration, VA Circular 00-85-9, the
 therapists were to be evaluated at the time of conversion to determine
 whether conversion should be at the same grade level or at a higher