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12:0464(89)AR - VA and AFGE Local 2978 -- 1983 FLRAdec AR

[ v12 p464 ]
The decision of the Authority follows:

 12 FLRA No. 89
                                            Case No. O-AR-513
    This matter is before the Authority on an exception to the award of
 Arbitrator Seymour Strongin filed on behalf of the Union under section
 7122(a) of the Federal Service Labor-Management Relations Statute and
 part 2425 of the Authority's Rules and Regulations.  The Agency filed an
 opposition to the Union's exception.
    The dispute in this matter concerns the issue of whether the
 discharge of a probationary employee, allegedly for cause, is arbitrable
 under the parties' collective bargaining agreement.  The Arbitrator
 concluded that the grievance machinery of the parties' agreement does
 not cover disputes involving the discharge of probationary employees.
 Accordingly, as his award, the Arbitrator dismissed the grievance.
    In its exception, the Union contends that the award is deficient
 "because the grounds on which the arbitrator founded his award do not
 constitute a legitimate basis upon which to have determined the
 grievance to be nonarbitrable." More specifically, the Union essentially
 disputes the Arbitrator's conclusion that termination of a probationary
 employee does not constitute a "disciplinary action" within the meaning
 of the pertinent agreement provision.
    Upon careful consideration of the entire record before the Authority,
 the Authority concludes that the Union's assertions in support of its
 exception merely constitute disagreement with the Arbitrator's
 interpretation and application of the parties' collective bargaining
 agreement.  Consequently, the exception provides no basis for finding
 the award deficient.  See, e.g., 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 denied.  
 Issued, Washington, D.C., August 4, 1983
                                       Barbara J. Mahone, Chairman
                                       Ronald W. Haughton, Member
                                       Henry B. Frazier III, Member
                                       FEDERAL LABOR RELATIONS AUTHORITY