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12:0466(90)AR - VA Hospital, Muskogee, OK and AFGE Local 2250 -- 1983 FLRAdec AR

[ v12 p466 ]
The decision of the Authority follows:

 12 FLRA No. 90
 LOCAL 2250
                                            Case No. O-AR-225
    This matter is before the Authority on exceptions to the award of
 Arbitrator Don J. Harr 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 parties submitted to arbitration their dispute of whether the
 grievance in this case was grievable and arbitrable under the terms of
 Article XXXII, Section 13 of the collective bargaining agreement which
 was negotiated under provisions of Executive Order No. 11491.  The
 Arbitrator expressly determined that under Article XXXII, Section 13 of
 the agreement, pertaining to grievances involving the merit promotion
 plan, the grievance was not arbitrable.  As his award, the Arbitrator
 dismissed the grievance.
    In its first exception the Union contends in essence that the award
 is contrary to the Statute.  In support the Union argues that section
 7121(b)(3)(C) of the Statute, /1/ providing for binding arbitration as
 the terminal step of a negotiated grievance procedure, required the
 Arbitrator to find that the grievance in this case was arbitrable.
    The Authority concludes that this exception fails to establish that
 the award is contrary to the Statute since no provision of the Statute
 would make an otherwise nonarbitrable matter subject to arbitration.
 See Naval Ordnance Station, Louisville, Kentucky and Lodge No. 830,
 International Association of Machinists and Aerospace Workers, 11 FLRA
 No. 10 (1983);  International Federation of Professional and Technical
 Engineers and Portsmouth Naval Shipyard, 8 FLRA No. 54 (1982).
    In its second exception the Union contends that the Arbitrator made
 an error in judgment in determining that Article XXXII of the agreement
 was controlling.  This exception, however, merely constitutes
 disagreement with the Arbitrator's interpretation of the parties'
 agreement and consequently provides no basis for finding the award
 deficient.  E.g., U.S. Department of Justice, Bureau of Prisons,
 Raybrook, New York and American Federation of Government Employees,
 Council of Prison Locals, 9 FLRA No. 130 (1982).
    Accordingly, the exceptions are 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
 --------------- FOOTNOTES$ ---------------
    /1/ Section 7121(b)(3)(C) provides:
          (b) Any negotiated grievance procedure referred to in
       subsection (a) of this section shall--
                                .  .  .  .
          (3) include procedures that--
                                .  .  .  .
          (C) provide that any grievance not satisfactorily settled under
       the negotiated grievance procedure shall be subject to binding
       arbitration which may be invoked by either the exclusive
       representative or the agency.