28:0958(123)AR - AFGE, LOCAL 85 VS VA MEDICAL CENTER
[ v28 p958 ]
The decision of the Authority follows:
28 FLRA NO. 123 AMERICAN FEDERATION OF GOVERNMENT EMPLOYEES, LOCAL 85 Union and VETERANS ADMINISTRATION MEDICAL CENTER, LEAVENWORTH, KANSAS Agency Case No. 0-AR-1382
I. Statement of the Case
This matter is before the Authority on exceptions to the award of Arbitrator Solbert M. Wasserstrom 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 Agency rejected three grievances filed by the Union. The Union requested arbitration and the grievances were consolidated. Before the Arbitrator, the Union made no arguments on the merits of the grievances. The Union alleged only that the Agency committed several procedural errors, including exceeding in each of the three grievances the time limit set by the parties' agreement within which the Agency's third-step grievance decision was to be rendered. The Agency raised, among other matters, an issue as to the number of representatives to which the Union was entitled at the arbitration hearing.
As to the timeliness of the Agency's decisions, the Arbitrator found that in two of the grievances the Union received a copy of the decision in due time; in the third case the