U.S. Department of Veterans Affairs, Medical Center, Northport, New York and American Federation of Government Employees, Local 1843 (Authority decision, December 18, 1997)

Final FLRA decision. This is a final order of the Federal Labor Relations Authority involving an arbitral award under 5 U.S.C. § 7122. Judicial review under 5 U.S.C. § 7123(a) generally does not extend to such an order unless the order involves an unfair labor practice under 5 U.S.C. § 7116. This decision resolves exceptions to an arbitration award and does not state that it involves an unfair labor practice.

Plain-English summary

The VA Medical Center in Northport challenged an arbitration award involving AFGE Local 1843. The union opposed the agency's exceptions. The Authority reviewed the award under the statutory grounds for finding it deficient and concluded that the agency had established none. It denied the exceptions, leaving the award in place. The decision does not describe the underlying grievance or the award's terms.

Decision snapshot

• Authority: 5 U.S.C. § 7122(a).
• Outcome: Agency's exceptions denied; arbitration award left in place.
• Key point: The agency did not establish a ground for setting aside the award.

Full text (FLRA public release)

[ v53 p983 ]
53:0983(80)AR

The decision of the Authority follows:

53 FLRA No. 80

FEDERAL LABOR RELATIONS AUTHORITY

WASHINGTON, D.C.

_____

U.S. DEPARTMENT OF VETERANS AFFAIRS

MEDICAL CENTER

NORTHPORT, NEW YORK

(Agency)

and

AMERICAN FEDERATION OF GOVERNMENT
EMPLOYEES

LOCAL 1843

(Union)

0-AR-2856

_____

DECISION

December 18, 1997

_____

Before the Authority: Phyllis N. Segal, Chair; Donald S. Wasserman and Dale Cabaniss, Members.(*)

This matter is before the Authority on exceptions to an award of Arbitrator Bernard Wray filed by the Agency under section 7122(a) of the Federal Service Labor-Management Relations Statute (the Statute) and part 2425 of the Authority's Regulations. The Union filed an opposition to the Agency's exceptions.

Under section 7122(a) of the Statute, an award is deficient if it is contrary to any law, rule, or regulation; or it 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 award is not deficient on any of the grounds raised in the exceptions and set forth in section 7122(a).

Accordingly, the Agency's exceptions are denied.

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

*/ Member Cabaniss did not participate
in this decision.