30:0298(36)AR - Letterman Army medical Center, Nutrition Care Directorate and Independent Letterman Hospital Workers' Union -- 1987 FLRAdec AR
[ v30 p298 ]
The decision of the Authority follows:
30 FLRA NO. 36 30 FLRA 298 30 NOV 1987 LETTERMAN ARMY MEDICAL CENTER NUTRITION CARE DIRECTORATE Activity and INDEPENDENT LETTERMAN HOSPITAL WORKERS' UNION Union Case No. 0-AR-1392 DECISION I. Statement of the Case This case is before the Authority on exceptions to the award of Arbitrator Emily Maloney 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. For the reasons stated below, the Union's exceptions are denied. II. Background and Arbitrator's Award The dispute before the Arbitrator involved the separation of the Union president from the Federal service in 1983, during the first year of his employment under a veterans readjustment appointment. 1 The Arbitrator found that the grievance was not grievable or arbitrable. III. Discussion In its exceptions, the Union contends that the Arbitrator's award is contrary to the parties' collective bargaining agreement. The Authority has determined that, with respect to grievances and arbitration, the statutory and regulatory scheme for veterans readjustment appointments is not materially different from the scheme for a probationary period of employment in the competitive service under 5 U.S.C. 3321 and 5 C.F.R. part 315. Veterans Administration Medical Center of Cleveland and American Federation of Government Employees, Local 31, 19 FLRA 297, 299 (1985). Therefore, grievances concerning the separation of a veterans readjustment appointee during the initial year of employment are precluded from coverage by negotiated grievance procedures. Id. See also Department of Health and Human Services, Social Security Administration and American Federation of Government Employees, Local 1923, AFL - CIO, 15 FLRA 714 (1984). Although the Arbitrator in this case did not base her ruling on the Authority's determination in Veterans Administration Medical Center of Cleveland, she properly decided, in part because of the grievant's probationary status, that the dispute concerning the separation of the grievant during the first year of his readjustment appointment was not grievable or arbitrable. 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. Specifically, the Union has failed to establish that the award is contrary to any law, rule, or regulation or that the award is deficient on other grounds similar to those applied by the Federal courts in private sector labor relations. Accordingly, the Union's exceptions are denied. Issued, Washington, D.C., November 30, 1987 Jerry L. Calhoun, Chairman Jean McKee, Member FEDERAL LABOR RELATIONS AUTHORITY FOOTNOTES Footnote 1 A veterans readjustment appointment is an excepted appointment of a veteran who served during the Vietnam era to a position otherwise in the competitive service and is made under the authority of 38 U.S.C. 2014, as amended. 5 C.F.R. 307.101(c).