[ v19 p248 ]
19:0248(30)AR
The decision of the Authority follows:
19 FLRA No. 30 VETERANS ADMINISTRATION, ST. LOUIS, MISSOURI Activity and AMERICAN FEDERATION OF GOVERNMENT EMPLOYEES, LOCAL 2192 Union Case No. O-AR-956 DECISION 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 Chairman William J. McGinnis, Jr., Member FEDERAL LABOR RELATIONS AUTHORITY