27:0486(69)AR - VA Medical Center, Kansas City, MO and AFGE Local No. 2663 -- 1987 FLRAdec AR
[ v27 p486 ]
27:0486(69)AR
The decision of the Authority follows:
27 FLRA No. 69
VETERANS ADMINISTRATION
MEDICAL CENTER, KANSAS CITY,
MISSOURI
Activity
and
AMERICAN FEDERATION OF GOVERNMENT
EMPLOYEES, LOCAL NO. 2663
Union
Case No. 0-AR-1313
DECISION
I. Statement of the Case
This matter is before the Authority on exceptions to the award of
Arbitrator Russell C. Neas 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 Activity filed
an opposition. /*/
II. Background and Arbitrator's Award
The parties framed the following issue for submission to the
Arbitrator:
Did the (Activity) fail to allow a reasonable amount of time to
the Union President . . . during the period January 27, 1986, to
February 25, 1986, as required by Article X of the local agreement
between the Agency and Union dated October 30, 1972? If so, what
shall be the remedy?
The Arbitrator found that the Activity had not failed to allow a
reasonable amount of official time as required by the agreement and
therefore denied the grievance.
III. Discussion
The Union has filed exceptions disputing the Arbitrator's denial of
the grievance. The Union contends, among other things, that the
Arbitrator was biased, that he based his award on a "false premise," and
that he did not confine his award to the time frame in the stipulated
issue.
IV. Conclusion
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; that is, that the award is contrary to
law, rule or regulation, or that the award is deficient on other grounds
similar to those applied by federal courts in private sector
labor-management relations cases. See, for example, American Federation
of Government Employees, AFL-CIO, New York-New Jersey Council of
District Office Locals, Social Security Administration and Department of
Health and Human Services, Social Security Administration District
Office Operations, 7 FLRA 413 (1981) (various assertions as to why the
award interpreting an official time provision of an agreement was
deficient were determined to constitute nothing more than disagreement
with the Arbitrator's interpretation of the agreement and provided no
basis for finding the award deficient). Accordingly, the Union's
exceptions are denied.
Issued, Washington, D.C., June 23, 1987.
/s/ Jerry L. Calhoun, Chairman
/s/ Henry B. Frazier III, Member
/s/ Jean McKee, Member
FEDERAL LABOR RELATIONS AUTHORITY
--------------- FOOTNOTES$ ---------------
(*) In its opposition the Activity contends that the Union's
exceptions should be dismissed as procedurally deficient. We find that
the exceptions are not procedurally deficient and reject the Activity's
contention.