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09:0924(129)AR - SSA, Great Lakes Program Service Center and AFGE Local l395 -- 1982 FLRAdec AR



[ v09 p924 ]
09:0924(129)AR
The decision of the Authority follows:


 9 FLRA No. 129
 
 SOCIAL SECURITY ADMINISTRATION,
 GREAT LAKES PROGRAM SERVICE CENTER
 Activity
 
 and
 
 AMERICAN FEDERATION OF
 GOVERNMENT EMPLOYEES,
 LOCAL 1395
 Union
 
                                            Case No. O-AR-286
 
                                 DECISION
 
    THIS MATTER IS BEFORE THE AUTHORITY ON AN EXCEPTION TO THE AWARD OF
 ARBITRATOR ANNE HARMON MILLER 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.
 
    THIS MATTER CONCERNS THE SEPARATION OF THE GRIEVANT DURING HIS
 PROBATIONARY PERIOD.  A GRIEVANCE WAS FILED AND ULTIMATELY SUBMITTED TO
 ARBITRATION.  THE ACTIVITY CLAIMED THE MATTER WAS NOT ARBITRABLE.
 
    THE ARBITRATOR DETERMINED THAT UNDER THE PARTIES' COLLECTIVE
 BARGAINING AGREEMENT GRIEVANCES OVER THE SEPARATION OF PROBATIONARY
 EMPLOYEES WERE NOT COVERED BY THE NEGOTIATED GRIEVANCE PROCEDURE.
 ACCORDINGLY, AS HER AWARD THE ARBITRATOR DISMISSED THE GRIEVANCE AS NOT
 BEING ARBITRABLE.
 
    IN ITS EXCEPTION THE UNION CONTENDS THAT THE AWARD IS DEFICIENT
 BECAUSE THE GRIEVANCE IN "THIS CASE IS IN FACT ARBITRABLE." IN SUPPORT
 THE UNION PRINCIPALLY ARGUES THAT THERE IS NO SPECIFIC EXCLUSION IN THE
 PARTIES' AGREEMENT PROHIBITING GRIEVANCES OVER THE SEPARATION OF
 PROBATIONARY EMPLOYEES AND THAT CONSEQUENTLY SUCH GRIEVANCES ARE
 ARBITRABLE.
 
    AS HAS BEEN NOTED, THE ARBITRATOR EXPRESSLY DETERMINED THAT UNDER THE
 PARTIES' COLLECTIVE BARGAINING AGREEMENT GRIEVANCES OVER THE SEPARATION
 OF PROBATIONARY EMPLOYEES WERE NOT COVERED BY THE NEGOTIATED GRIEVANCE
 PROCEDURE.  THUS, THE UNION'S EXCEPTION CONSTITUTES NOTHING MORE THAN
 DISAGREEMENT WITH THE ARBITRATOR'S INTERPRETATION OF THE PARTIES'
 AGREEMENT TO FIND THAT THE GRIEVANCE BEFORE HER WAS NOT ARBITRABLE, AND
 CONSEQUENTLY THE EXCEPTION PROVIDES NO BASIS FOR FINDING THE AWARD
 DEFICIENT.  SAN ANTONIO AIR LOGISTICS CENTER, KELLY AIR FORCE BASE, SAN
 ANTONIO, TEXAS AND AMERICAN FEDERATION OF GOVERNMENT EMPLOYEES, ALF-CIO,
 LOCAL 1617, 9 FLRA NO. 44(1981);  U.S. DEPARTMENT OF LABOR AND NATIONAL
 COUNCIL OF FIELD LABOR LOCALS, LOCAL 644, AMERICAN FEDERATION OF
 GOVERNMENT EMPLOYEES, 6 FLRA NO. 61(1981).  ACCORDINGLY, THE UNION'S
 EXCEPTION IS DENIES.
 
    ISSUED, WASHINGTON, D.C., AUGUST 16, 1982
 
                       RONALD W. HAUGHTON, CHAIRMAN
 
                       HENRY B. FRAZIER III, MEMBER
 
                        LEON B. APPLEWHAITE, MEMBER
 
                     FEDERAL LABOR RELATIONS AUTHORITY