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10:0047(10)AR - AFGE Local 2250 and VA Hospital, Muskogee, OK -- 1982 FLRAdec AR



[ v10 p47 ]
10:0047(10)AR
The decision of the Authority follows:


 10 FLRA No. 10
 
 AMERICAN FEDERATION OF
 GOVERNMENT EMPLOYEES,
 LOCAL 2250
 Union
 
 and
 
 VETERANS ADMINISTRATION HOSPITAL,
 MUSKOGEE, OKLAHOMA
 Activity
 
                                            Case No. O-AR-227
 
                                 DECISION
 
    THIS MATTER IS BEFORE THE AUTHORITY ON AN EXCEPTION TO THE AWARD OF
 ARBITRATOR J. D. DUNN 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 DID NOT
 FILE AN OPPOSITION.
 
    THE DISPUTE IN THIS MATTER AROSE OVER THE ACTIVITY'S FILLING OF A
 POSITION THROUGH REASSIGNMENT RATHER THAN UNDER ITS MERIT PROMOTION
 PLAN.  A GRIEVANCE WAS FILED AND ULTIMATELY SUBMITTED TO ARBITRATION.
 
    ONE OF THE ISSUES BEFORE THE ARBITRATOR WAS WHETHER OR NOT THE MATTER
 WAS ARBITRABLE.  THE ARBITRATOR FOUND THAT THE POSITION IN QUESTION WAS
 NOT INCLUDED IN THE UNIT AND THEREFORE WAS EXCLUDED FROM COVERAGE UNDER
 THE AGREEMENT.  ACCORDINGLY, HE FOUND THE ISSUE NOT ARBITRABLE.
 
    IN ITS EXCEPTION, THE UNION CONTENDS THAT THE ARBITRATOR EXCEEDED HIS
 AUTHORITY BY FAILING TO RULE ON THE MERITS OF THE ISSUES PLACED BEFORE
 HIM.  HOWEVER, THE UNION'S EXCEPTION PROVIDES NO BASIS FOR FINDING THE
 ARBITRATOR'S AWARD DEFICIENT AS IN EXCESS OF HIS AUTHORITY.  IN THIS
 REGARD, THE ARBITRATOR CLEARLY STATED ONE OF THE ISSUES BEFORE HIM TO BE
 WHETHER THE MATTER WAS ARBITRABLE, AND HE FOUND IT NOT TO BE SO.  THE
 UNION HAS FAILED TO DEMONSTRATE IN WHAT MANNER THE ARBITRATOR EXCEEDED
 ANY LIMITATION ON HIS AUTHORITY WHEN, IN OBSERVANCE OF WHAT HE
 INTERPRETED TO BE A LIMITATION ON HIS AUTHORITY IMPOSED BY THE TERMS OF
 THE PARTIES' COLLECTIVE BARGAINING AGREEMENT, HE DISMISSED A GRIEVANCE
 HE HAD NO AUTHORITY TO ARBITRATE.  SEE DEPARTMENT OF THE AIR FORCE,
 MCGUIRE AIR FORCE BASE AND LOCAL 1778, AMERICAN FEDERATION OF GOVERNMENT
 EMPLOYEES, 3 FLRA 252(1980).  ACCORDINGLY, THE UNION'S EXCEPTION IS
 DENIED.
 
    ISSUED, WASHINGTON, D.C., SEPTEMBER 15, 1982
 
                       RONALD W. HAUGHTON, CHAIRMAN
 
                       HENRY B. FRAZIER III, MEMBER
 
                        LEON B. APPLEWHAITE, MEMBER
 
                     FEDERAL LABOR RELATIONS AUTHORITY