13:0131(31)AR - VA, Hines Hospital and Illinois Nurses Association, Hines Unit -- 1983 FLRAdec AR
[ v13 p131 ]
13:0131(31)AR
The decision of the Authority follows:
13 FLRA No. 31
VETERANS ADMINISTRATION,
HINES HOSPITAL
Activity
and
ILLINOIS NURSES ASSOCIATION,
HINES UNIT
Union
Case No. O-AR-301
DECISION
This matter is before the Authority on an exception to the award of
Arbitrator Julius Rezler 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.
The parties submitted to arbitration an initial issue of whether the
grievance in this case, which complained of a proficiency rating of
satisfactory, was grievable and arbitrable under the parties' collective
bargaining agreement. The Arbitrator determined under the provisions of
the parties' agreement that grievances arising from dissatisfaction with
proficiency ratings were excluded from the grievance procedure.
Accordingly, as his award the Arbitrator ruled that the grievance was
not arbitrable.
In its exception the Union contends that the Arbitrator erred because
there is no question that under the express provisions of the agreement,
the grievance in this case is arbitrable. The Union's exception,
however, clearly constitutes nothing more than disagreement with the
Arbitrator's interpretation of the provisions of the agreement. Thus,
the exception provides no basis for finding the award deficient. See,
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); Social Security Administration, Great
Lakes Program Service Center and American Federation of Government
Employees, Local 1395, 9 FLRA No. 129 (1982). Accordingly, the Union's
exception is denied. Issued, Washington, D.C., September 28, 1983
Barbara J. Mahone, Chairman
Ronald W. Haughton, Member
Henry B. Frazier III, Member
FEDERAL LABOR RELATIONS AUTHORITY