10:0494(83)AR - VA Medical Center and AFGE Local 2094 -- 1982 FLRAdec AR

 10 FLRA No. 83
 
 VETERANS ADMINISTRATION
 MEDICAL CENTER
 Activity
 
 and
 
 AMERICAN FEDERATION OF
 GOVERNMENT EMPLOYEES,
 LOCAL 2094, AFL-CIO
 Union
 
                                            Case No. O-AR-408
 
                                 DECISION
 
    THIS MATTER IS BEFORE THE AUTHORITY ON AN EXCEPTION TO THE AWARD OF
 ARBITRATOR JANET MALESON SPENCER 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 PARTIES SUBMITTED TO ARBITRATION THE ISSUE OF WHETHER THE
 GRIEVANCE WAS ARBITRABLE AS TIMELY FILED.  THE ARBITRATOR DETERMINED
 THAT THERE HAD NOT BEEN COMPLIANCE WITH THE TIME LIMITS OF THE PARTIES'
 COLLECTIVE BARGAINING AGREEMENT AND THAT THESE REQUIREMENTS HAD NOT BEEN
 HABITUALLY IGNORED BY THE PARTIES.  ACCORDINGLY, AS HER AWARD THE
 ARBITRATOR RULED THAT THE GRIEVANCE WAS NOT ARBITRABLE.
 
    THE UNION IN ITS EXCEPTION CONTENDS THAT THE ARBITRATOR ERRED IN
 SEVERAL RESPECTS WHEN SHE DENIED THE GRIEVANCE AS NOT BEING ARBITRABLE.
 HOWEVER, THE UNION'S EXCEPTION CONSTITUTES NOTHING MORE THAN
 DISAGREEMENT WITH THE ARBITRATOR'S FINDINGS AND CONCLUSIONS REGARDING
 THE GRIEVANT'S FAILURE TO COMPLY WITH THE PROCEDURAL REQUIREMENTS OF THE
 PARTIES' AGREEMENT AND CONSEQUENTLY PROVIDES NO BASIS FOR FINDING THE
 AWARD DEFICIENT.  E.G., DEPARTMENT OF DEFENSE, OFFICE OF DEPENDENTS
 SCHOOLS AND OVERSEAS EDUCATION ASSOCIATION, 8 FLRA NO. 21(1982).
 ACCORDINGLY, THE UNION'S EXCEPTION IS DENIED.
 
    ISSUED, WASHINGTON, D.C., NOVEMBER 18, 1982
 
                       RONALD W. HAUGHTON, CHAIRMAN
                       HENRY B. FRAZIER III, MEMBER
                       LEON B. APPLEWHAITE, MEMBER
                       FEDERAL LABOR RELATIONS AUTHORITY