National Association of Government Employees, Local R5-136 and U.S. Department of Veterans Affairs, Ralph H. Johnson Medical Center, Charleston, South Carolina (Authority decision, January 30, 1998)

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

NAGE Local R5-136 challenged an arbitration award involving the VA's Ralph H. Johnson Medical Center in Charleston. The agency opposed the exceptions. The Authority applied the statutory grounds for finding an award deficient and concluded that none of the union's objections established a defect. 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: Union's exceptions denied; arbitration award left in place.
• Key point: The union did not establish a ground for setting aside the award.

Full text (FLRA public release)

[ v53 p1263 ]
53:1263(106)AR

The decision of the Authority follows:

53 FLRA No. 106

FEDERAL LABOR RELATIONS AUTHORITY

WASHINGTON, D.C.

_____

NATIONAL ASSOCIATION OF GOVERNMENT
EMPLOYEES

LOCAL R5-136

(Union)

and

U.S. DEPARTMENT OF VETERANS AFFAIRS

RALPH H. JOHNSON MEDICAL CENTER

CHARLESTON, SOUTH CAROLINA

(Agency)

0-AR-2947

_____

DECISION

January 30, 1998

_____

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 Frank E. Specht 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 filed an opposition to the Union'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 Union's exceptions are denied.

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