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The decision of the Authority follows:
16 FLRA NO. 141
SOCIAL SECURITY ADMINISTRATION, OFFICE OF HEARINGS AND APPEALS Activity and AMERICAN FEDERATION OF GOVERNMENT EMPLOYEES, LOCAL 3615 Union Case No. 0-AR-863
This matter is before the Authority on an exception to the award of Arbitrator Ira F. Jaffe filed by the Agency 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 protesting the separation. The Arbitrator determined that the grievance was arbitrable and on the merits denied the grievance.
In its exception the Agency contends that the award is contrary to law and regulation. The Authority agrees.
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 conclusions of the court in Department of Justice, Immigration and Naturalization Service v. FLRA, 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 [ v16 p1081 ] 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., December 24, 1984 Henry B. Frazier III, Acting Chairman Ronald W. Haughton, Member FEDERAL LABOR RELATIONS AUTHORITY
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5 CFR 315 709 F.2d 724 5 USC 3321 14 FLRA 33 5 USC 7122(A)