National Association of Government Employees, Local R4-78 and U.S. Department of Veterans Affairs, Medical Center, Martinsburg, West Virginia (Authority decision, January 30, 1997)

Final FLRA decision. The Authority denies the union's exceptions to two arbitration awards. Under 5 U.S.C. § 7123(a)(1), an order involving arbitral awards is generally excluded from judicial review unless it involves an unfair labor practice under 5 U.S.C. § 7116. This decision does not address an unfair labor practice.

Plain-English summary

NAGE Local R4-78 challenged two arbitration awards involving the Martinsburg VA Medical Center. The agency filed its opposition after the deadline, so the Authority did not consider it. After reviewing the record under 5 U.S.C. § 7122(a), the Authority found neither award deficient on any available ground. It denied the union's exceptions, leaving both awards in place. The short decision does not describe the grievances or the awards' terms.

Decision snapshot

• Authority: Review of arbitration awards under 5 U.S.C. § 7122(a).
• Outcome: Union exceptions denied; two arbitration awards left in place.
• Key point: An untimely opposition was disregarded, and the record did not establish a defect in either award.

Full text (FLRA public release)

[ v52 p902 ]
52:0902(88)AR

The decision of the Authority follows:

52 FLRA No. 88

FEDERAL LABOR RELATIONS AUTHORITY

WASHINGTON, D.C.

_____

NATIONAL ASSOCIATION OF GOVERNMENT
EMPLOYEES

LOCAL R4-78

(Union)

and

U.S. DEPARTMENT OF VETERANS AFFAIRS

MEDICAL CENTER

MARTINSBURG, WEST VIRGINIA

(Agency)

0-AR-2796

_____

DECISION

January 30, 1997

_____

Before the Authority: Phyllis N. Segal, Chair; Tony Armendariz and Donald S. Wasserman, Members.

This matter is before the Authority on exceptions to two awards of Arbitrator Edward E. McDaniel 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 Regulations. The Agency's opposition was filed untimely and has not been considered.

Under section 7122(a) of the Statute, an award is deficient if it is contrary to any law, rule, or regulation; or is deficient on other grounds similar to those applied by Federal courts in private sector labor-management relations. Upon careful consideration of the entire record in this case, the Authority concludes that the awards are not deficient on any of the grounds set forth in section 7122(a).

Accordingly, the Union's exceptions are denied.

FOOTNOTES:
(If blank, the decision does not
have footnotes.)