27:0974(108)AR AFGE, LOCAL UNION 85 VS VA MEDICAL CENTER -- 1987 FLRAdec AR
[ v27 p974 ]
The decision of the Authority follows:
27 FLRA NO. 108
VETERANS ADMINISTRATION MEDICAL CENTER, LEAVENWORTH, KANSAS Activity and AMERICAN FEDERATION OF GOVERNMENT EMPLOYEES, LOCAL UNION 85 Union Case No. O-AR-1342
I. Statement of the Case
This matter is before the Authority on exceptions to the award of Arbitrator Andrew L. Springfield 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
A grievance was filed and submitted to arbitration claiming that management violated the parties' Master Agreement by responding untimely to the grievance, and by improperly appraising the grievant's performance for the year as "Highly Satisfactory" rather than the "Outstanding". The Arbitrator determined that the Agency's response was not untimely and, therefore, denied that aspect of the grievance. He further determined that the Activity violated the agreement by using the grievant's evaluation for the previous year as the basis for the disputed appraisal. However, the Arbitrator concluded that this did not mean that the 'Highly Satisfactory' rating was wrong. As his award, he ordered the Activity to reappraise the grievant's performance in compliance with the agreement and regulations.