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The decision of the Authority follows:
29 FLRA NO. 70
VETERANS ADMINISTRATION, BUFFALO REGIONAL OFFICE Activity and AMERICAN FEDERATION OF GOVERNMENT EMPLOYEES, LOCAL 3314 Union Case No. 0-AR-1403
I. Statement of the Case
This matter is before the Authority on an exception to the award of Arbitrator Jerry A. Fullmer 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.
We deny the exception.
II. Background and Arbitrator's Award
A grievance was filed and submitted to arbitration over a note given the grievant by his supervisor. The Arbitrator denied the grievance. He determined that he was without jurisdiction because the dispute was not submitted to step 3 of the grievance procedure within the time required by the parties' collective bargaining agreement.
The Union contends that the award is contrary to the collective bargaining agreement.
We conclude that the Union has failed to establish that the Arbitrator's award is deficient on any of the grounds set forth in section 7122(a) of the Statute: specific the award is contrary to any law, rule, or regulation or that the award is deficient on other grounds similar to those applied by Federal courts in private sector labor relations cases. See, for example, U.S. Department of Agriculture, Food Safety and Quality Service and National Joint Council of Food Inspection Locals, AFGE, AFL - CIO, 6 FLRA 278 (1981) (exceptions disagreeing with an arbitrator's ruling on the procedural arbitrability of a grievance provide no basis for finding an award deficient).
Accordingly, the Union's exception is denied.
Issued, Washington, D.C., October 20, 1987.
Jerry L. Calhoun, Chairman
Henry B. Frazier III, Member
Jean McKee, Member
FEDERAL LABOR RELATIONS AUTHORITY