32:0322(50)AR - - Independent Letterman Hospital Workers Union and Army, Letterman Army Medical Center, Nutrition Care Division, Presidio of San Francisco, CA - - 1988 FLRAdec AR - - v32 p322



[ v32 p322 ]
32:0322(50)AR
The decision of the Authority follows:


32 FLRA No. 50

UNITED STATES OF AMERICA
BEFORE THE
FEDERAL LABOR RELATIONS AUTHORITY
WASHINGTON, D.C.

 

INDEPENDENT LETTERMAN HOSPITAL
WORKERS UNION
Union

and 

DEPARTMENT OF THE ARMY
LETTERMAN ARMY MEDICAL CENTER
NUTRITION CARE DIVISION
PRESIDIO OF SAN FRANCISCO
CALIFORNIA
Activity

Case No. 0-AR-1510

DECISION

I. Statement of the Case

This matter is before the Authority on an exception to the award of Arbitrator John Kagel. The Arbitrator ruled that the Union's grievance was not arbitrable. The Union filed an exception 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 Agency filed an opposition.

We conclude that the Union's exception constitutes disagreement with the Arbitrator's interpretation and application of the collective bargaining agreement and provides no basis for finding the award deficient. Therefore, the exception is denied.

II. Background and Arbitrator's Award

According to the Arbitrator, the questions raised by the Union in its grievance were whether a "fractional hour" issue and a "schedule of work days" issue were arbitrable. Award at 1. The Arbitrator quoted from a statement made by the Union's representative at the arbitration hearing in which the representative referred to an off-the-record discussion between the parties concerning the resolution of the arbitrability question. The Union representative stated:

That resolution . . . will take the form of a stipulation between the parties that this isn't a matter subject to arbitration and we make that stipulation based upon the provisions of Article 22 of the grievance procedure, namely Section 2 I, which excludes from the grievance procedure actions reviewable under the Fair Labor Standards Act.

Award at 1-2.

The Arbitrator ruled that based on the Union's statement and the specific facts and cir