20:0510(61)AR - VA Medical Center, Hines, IL And Illinois Nurses Association, Hines Local Unit -- 1985 FLRAdec AR



[ v20 p510 ]
20:0510(61)AR
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 proc