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U.S. Federal Labor Relations Authority

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19:0248(30)AR - VA, St. Louis, MO and AFGE Local 2192 -- 1985 FLRAdec AR

[ v19 p248 ]
The decision of the Authority follows:

 19 FLRA No. 30
                                            Case No. O-AR-956
    This matter is before the Authority on exceptions to the award of
 Arbitrator Thomas J. Erbs 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 following grievance was filed and submitted to arbitration:
          Pursuant to Article 13, Section 2B of the Master Agreement
       between the Veterans Administration and the American Federation of
       Government Employees, Local 2192 hereby grieves the performance
       standard for production set by management for the position of
       Veterans Claims Examiner.
 The Arbitrator determined that the grievance was arbitrable, but he
 denied the grievance on the merits.
    In its exceptions the Union contends that the award is contrary to
 applicable regulations.  Because the Authority has determined, for the
 reasons which follow, that the grievance was not arbitrable, it need not
 address or resolve the Union's exceptions.  See, e.g., Veterans
 Administration Medical Center, Kerrville, Texas and American Federation
 of Government Employees, AFL-CIO, Local 2281, 15 FLRA No. 22 (1984).
    The Authority has uniformly found deficient, as contrary to
 management's rights to direct employees and to assign work under section
 7106(a)(2)(A) and (B) of the Statute, arbitration awards which have
 determined grievances challenging an agency's establishment of
 performance standards to be grievable and arbitrable.  National Treasury
 Employees Union and U.S. Customs Service, 17 FLRA No. 12 (1985);
 American Federation of Government Employees, Local 1917 and United
 States Immigration and Naturalization Service, 15 FLRA No. 147 (1984)
 (both cases citing American Federation of Government Employees, AFL-CIO,
 Local 1968 and Department of Transportation, Saint Lawrence Seaway
 Development Corporation, Massena, New York, 5 FLRA 70, 79-80 (1981),
 aff'd sub nom. AFGE Local 1968 v. FLRA, 691 F.2d 565 (D.C. Cir. 1982),
 cert. denied, 461 U.S. 926 (1983).  In terms of this case, it is clear
 that the grievance directly challenged the Activity's exercise of its
 authority to establish performance standards.  Consequently, 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 section 7106(a)(2)(A) and (B) of the Statute.
 Accordingly, the award is set aside.  
 Issued, Washington, D.C. July 22, 1985
                                       Henry B. Frazier III, Acting
                                       William J. McGinnis, Jr., Member
                                       FEDERAL LABOR RELATIONS AUTHORITY