50:0257(45)AR - - AFGE, Local 2199 and VA Medical Center, Salt Lake City, UT - - 1995 FLRAdec AR - - v50 p257
[ v50 p257 ]
The decision of the Authority follows:
50 FLRA No. 45
FEDERAL LABOR RELATIONS AUTHORITY
AMERICAN FEDERATION OF GOVERNMENT EMPLOYEES
U.S. DEPARTMENT OF VETERANS AFFAIRS
SALT LAKE CITY, UTAH
March 17, 1995
Before the Authority: Phyllis N. Segal, Chair; Tony Armendariz and Pamela Talkin, Members.
I. Statement of the Case
This matter is before the Authority on an exception to an award of Arbitrator Marshall A. Snider 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. The Agency filed an opposition to the Union's exception.
The Arbitrator denied the grievance of an employee who challenged his performance appraisal.
For the following reasons, we find that the Union's exception fails to establish that the award is deficient under section 7122(a) of the Statute. Accordingly, we deny the exception.
II. Background and Arbitrator's Award
The grievant received a rating of fully successful after having received ratings of outstanding and highly successful in preceding years. A grievance was filed claiming that the grievant should have received a higher rating for the period in question. The dispute was submitted to arbitration on the following stipulated issue:
[W]hether the [Agency] violated the law, regulations, or the [parties'] agreement in connection with the Grievant's 1992-93 appraisal and, if so, what is the remedy?
Award at 1.
As relevant here, the Arbitrator rejected the Union's assertion that the Agency violated Article 32, Section 6C by failing to inform the grievant at his mid-year progress review that he was performing at less than a highly successful level.(1) The Arbitrator found that by specifying the use of VA Form 5-3482b, the parties' agreement incorporated that form as the means of describing an employ