27:0486(69)AR - VA Medical Center, Kansas City, MO and AFGE Local No. 2663 -- 1987 FLRAdec AR
[ v27 p486 ]
The decision of the Authority follows:
27 FLRA No. 69 VETERANS ADMINISTRATION MEDICAL CENTER, KANSAS CITY, MISSOURI Activity and AMERICAN FEDERATION OF GOVERNMENT EMPLOYEES, LOCAL NO. 2663 Union Case No. 0-AR-1313 DECISION I. Statement of the Case This matter is before the Authority on exceptions to the award of Arbitrator Russell C. Neas 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. The Activity filed an opposition. /*/ II. Background and Arbitrator's Award The parties framed the following issue for submission to the Arbitrator: Did the (Activity) fail to allow a reasonable amount of time to the Union President . . . during the period January 27, 1986, to February 25, 1986, as required by Article X of the local agreement between the Agency and Union dated October 30, 1972? If so, what shall be the remedy? The Arbitrator found that the Activity had not failed to allow a reasonable amount of official time as required by the agreement and therefore denied the grievance. III. Discussion The Union has filed exceptions disputing the Arbitrator's denial of the grievance. The Union contends, among other things, that the Arbitrator was biased, that he based his award on a "false premise," and that he did not confine his award to the time frame in the stipulated issue. IV. Conclusion We conclude that the Union has failed to establish that the Arbitrator's award is deficient on any of the grounds set forth in section 7122(a) of the Statute; that is, that the award is contrary to law, rule or regulation, or that the award is deficient on other grounds similar to those applied by federal courts in private sector labor-management relations cases. See, for example, American Federation of Government Employees, AFL-CIO, New York-New Jersey Council of District Office Locals, Social Security Administration and Department of Health and Human Services, Social Security Administration District Office Operations, 7 FLRA 413 (1981) (various assertions as to why the award interpreting an official time provision of an agreement was deficient were determined to constitute nothing more than disagreement with the Arbitrator's interpretation of the agreement and provided no basis for finding the award deficient). Accordingly, the Union's exceptions are denied. Issued, Washington, D.C., June 23, 1987. /s/ Jerry L. Calhoun, Chairman /s/ Henry B. Frazier III, Member /s/ Jean McKee, Member FEDERAL LABOR RELATIONS AUTHORITY --------------- FOOTNOTES$ --------------- (*) In its opposition the Activity contends that the Union's exceptions should be dismissed as procedurally deficient. We find that the exceptions are not procedurally deficient and reject the Activity's contention.