Please note that Friday, January 20, 2017, is a federal holiday for the Washington, D.C. metropolitan area.  The following FLRA offices will not be open to accept in-person case filings or to respond to phone calls on that day:  the Authority’s Case Intake and Publication Office, the Office of Administrative Law Judges, the Washington Regional Office, OGC Headquarters (Appeals), and the Federal Service Impasses Panel.  The FLRA’s eFiling System remains available.         

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