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15:0123(22)AR - VA Medical Center, Kerrville, TX and AFGE Local 2281 -- 1984 FLRAdec AR

[ v15 p123 ]
The decision of the Authority follows:

 15 FLRA No. 22
                                            Case No. O-AR-612
    This matter is before the Authority on exceptions to the award of
 Arbitrator John A. Bailey filed by 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 dispute in this case concerns the separation of the grievant
 during her probationary period.  A grievance was filed and submitted to
 arbitration contesting the separation.  The Arbitrator determined that
 the matter was arbitrable, but he denied the grievance on its merits.
    As one of its exceptions, the Union contends that the award is
 contrary to law.  Because the Authority has determined, for the reasons
 which follows, that the instant grievance was not arbitrable, it need
 not address the merits of the Union's exceptions.
    In Department of Health and Human Services, Social Security
 Administration and American Federation of Government Employees, Local
 3342, 14 FLRA No. 33 (1984), the Authority specifically held on the
 basis of the rationale and conclusion of the court in Department of
 Justice, Immigration and Naturalization Service v. Federal Labor
 Relations Authority, 709 F.2d 724 (D.C. Cir. 1983), that coverage by a
 negotiated grievance procedure of a grievance concerning the separation
 of a probationary employee is precluded by governing law and regulation.
  Thus, in terms of this case, the Authority concludes that the award, by
 finding the grievance arbitrable and resolving the grievance on the
 merits, is deficient in its entirety as contrary to the statutory and
 regulatory scheme set forth in 5 U.S.C. 3321 and 5 Cfr part 315, subpart
 H.  Accordingly, the award is set aside.
    Issued, Washington, D.C., June 13, 1984
                                       Barbara J. Mahone, Chairman
                                       Ronald W. Haughton, Member
                                       Henry B. Frazier III, Member
                                       FEDERAL LABOR RELATIONS AUTHORITY