20:0510(61)AR - VA Medical Center, Hines, IL And Illinois Nurses Association, Hines Local Unit -- 1985 FLRAdec AR
[ v20 p510 ]
The decision of the Authority follows:
20 FLRA No. 61 VETERANS ADMINISTRATION MEDICAL CENTER, HINES, ILLINOIS Activity and ILLINOIS NURSES ASSOCIATION, HINES LOCAL UNIT Union Case No. 0-AR-1010 ORDER DISMISSING EXCEPTIONS This matter is before the Authority on exceptions to a supplemental award of Arbitrator Aaron S. Wolff 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. For the reasons that follow, the Authority is without jurisdiction to review the Agency's exceptions and the exceptions therefore must be dismissed. In his original award, the Arbitrator converted the grievant's removal for misconduct to a suspension for 90 days. The grievant, a nurse in the Agency's Department of Medicine and Surgery, was appointed under 38 U.S.C.chapter 73. The Agency's exceptions to the original award were dismissed by the Authority for lack of jurisdiction under section 7122(a) of the Statute /1/ on the ground that the award related to a matter described in section 7121(f) of the Statute /2/ because it related to a matter similar to those covered under 5 U.S.C. 7512, i.e., a removal, and had arisen under another personnel system. Veterans Administration Medical Center, Hines, Illinois and Illinois Nurses Association, Hines Local Unit, 16 FLRA No. 46(1984). In his supplemental award, to which the Agency has filed the instant exceptions, the Arbitrator awarded the grievant reasonable attorney fees related to the removal action. With respect to jurisdiction under section 7122(a), the Authority has previously indicated that an award of attorney fees by an arbitrator in supplement to the arbitrator's award relating to a matter described in section 7121(f) is not separate and distinct from the award directly resolving the section 7121(f) matter. Thus, the Authority dismissed the exceptions to the supplemental award of attorney fees finding that such award related to a matter described in section 7121(f) within the meaning of section 7122(a) of the Statute. National Weather Service Employees Organization (MEBA, AFL-CIO) and National Weather Service, Western Region, 17 FLRA No. 91(1985), reconsideration denied, June 26, 1985. In terms of this case, the Authority similarly finds that the supplemental award of attorney fees is not separate and distinct from the original award and that therefore the supplemental award of attorney fees likewise relates to a matter described in section 7121(f) within the meaning of section 7122(a) of the Statute. Consequently, the Authority is without jurisdiction to review the Agency's exceptions and accordingly, and apart from other considerations, they are dismissed. Issued, Washington, D.C., October 22, 1985 Henry B. Frazier III, Acting Chairman William J. McGinnis, Jr., Member FEDERAL LABOR RELATIONS AUTHORITY --------------- FOOTNOTES$ --------------- /1/ Section 7122(a) of the Statute pertinently provides: Either party to arbitration under this chapter may file with the Authority an exception to any arbitrator's award pursuant to the arbitration (other than an award relating to a matter described in section 7121(f) of this title). /2/ Section 7121(f) pertinently provides: In matters similar to those covered under sections 4303 and 7512 of this title which arise under other personnel systems and which an aggrieved employee has raised under the negotiated grievance procedure, judicial review of an arbitrator's award may be obtained in the same manner and on the same basis as could be obtained of a final decision in such matters raised under applicable appellate procedures.