31:0712(44)AR - VA Medical Center, Leavenworth, KS and AFGE Local 85 -- 1988 FLRAdec AR

 31 FLRA NO. 44

 31 FLRA 712

    03 MAR 1988


VETERANS ADMINISTRATION
MEDICAL CENTER, LEAVENWORTH
KANSAS

      and

AMERICAN FEDERATION OF GOVERNMENT
EMPLOYEES, LOCAL 85

                    Union

Case No. 0-AR-1453

DECISION

     I. Statement of the Case

     This matter is before the Authority on exceptions to the
award of Arbitrator Henry M. Grether. The Arbitrator found that
the Activity did not violate the Privacy Act when it introduced
the grievant's application for leave form (SF 71) into evidence
at a prior arbitration hearing without the grievant's consent.
Therefore, the Arbitrator denied the grievance. The Arbitrator
also ruled that the Activity did not violate the parties'
collective bargaining agreement when it authorized a court
reporter to tape record the hearing before him without the
consent of the Union. The Union filed exceptions under section
7122(a) of the Federal Service Labor - Management Relations
Statute (the Statute) and part 2425 of the Authority's Rules and
Regulations.

     We conclude that the Union has not established that the
award as it pertains to the use of the court reporter is contrary
to the parties' agreement. We also conclude that the Union has
not established that the award as it pertains to the grievant's
SF 71 is contrary to law, regulation, or the agreement.
Accordingly, we deny the exceptions.

     II. Background and Arbitrator's Award The Union filed a
grievance claiming that the Activity violated the Privacy Act, 5
U.S.C. 552a, by introducing the grievant's application for
leave form (SF 71) into evidence at a prior arbitration hearing
without the grievant's consent. The SF 71 was introduced into
evidence at the prior hearing to establish that the grievant had
not been denied the opportunity to be present at a meeting to
resolve her earlier grievance.

     The grievance concerning the use of the SF 71 was submitted
to arbitration. At the