33:0347(44)AR - - VA and AFGE Local 2610 - - 1988 FLRAdec AR - - v33 p347



[ v33 p347 ]
33:0347(44)AR
The decision of the Authority follows:


33 FLRA No. 44

FEDERAL LABOR RELATIONS AUTHORITY

WASHINGTON, D.C.

VETERANS ADMINISTRATION

and

AMERICAN FEDERATION OF GOVERNMENT

EMPLOYEES, LOCAL 2610

0-AR-1540

ORDER DISMISSING EXCEPTIONS

October 26, 1988

Before Chairman Calhoun and Member McKee.

This case is before the Authority on exceptions to the supplementary award of Arbitrator Samuel J. Nicholas, Jr. The exceptions were filed by the American Federation of Government Employees, Local 2610 (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 Authority is without jurisdiction to review the Union's exceptions and they must be dismissed.

In his original award, the Arbitrator concluded that the removal of the grievant, a GS-9 claims adjudicator, for alleged misconduct was not for just and sufficient cause. The Arbitrator ordered that the grievant be reinstated and made whole for lost backpay and benefits. The Union then filed an application for attorney fees with the Arbitrator. The Arbitrator denied the Union's request in his supplementary award on the basis that the request was not filed timely and, further, that an award of attorney fees was not in the interest of justice. The exceptions that are before us concern the Arbitrator's supplementary award.

Section 7122(a) of the Statute provides, in pertinent part:

Either party to arbitration under this chapter may file with the Authority an exception to any arbitrator's award pursuant to the arbitration (other than an award relating to a matter described in section 712