50:0105(20)AR - - VA Medical Center, Marion, IN and AFGE, Local 1020 - - 1995 FLRAdec AR - - v50 p105
[ v50 p105 ]
The decision of the Authority follows:
50 FLRA No. 20
FEDERAL LABOR RELATIONS AUTHORITY
U.S. DEPARTMENT OF VETERANS AFFAIRS
AMERICAN FEDERATION OF GOVERNMENT EMPLOYEES,
January 25, 1995
Before the Authority: Phyllis N. Segal, Chair; Tony Armendariz and Pamela Talkin, Members.
I. Statement of the Case
This case is before the Authority on exceptions to an award of Arbitrator William Belshaw filed by the Agency 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 Union's opposition was filed untimely and will not be considered in this decision.(1)
The Arbitrator determined that certain proposals, which the Union submitted during local supplemental negotiations, did not conflict with the parties' master collective bargaining agreement.
For the following reasons, we find that the Agency's exceptions provide no basis for finding the award deficient under section 7122(a) of the Statute. Accordingly, we deny the exceptions.
II. Background and Arbitrator's Award
During local negotiations, the Agency asserted that 3 Union proposals, consisting of 83 subparts (hereinafter the subparts are referred to as proposals), were inconsistent with the parties' master agreement and, therefore, were "nonnegotiable" under Article 5, Section 2B of that agreement.(2) Attachment to Award at 1. The parties submitted the dispute to arbitration, where they agreed to the Arbitrator's formulation of the issue as whether the disputed proposals were "negotiable" under the agreement. Award at 4.
The Arbitrator stated that his role was to determine whether the disputed proposals "probably would or presumably would" conflict with the master agreement and, in a chart attached to the award, the Arbitra