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, May 18, 1999)

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 union challenged an arbitration award involving the Ralph H. Johnson VA Medical Center in Charleston. The Authority found that the exceptions did not establish a deficient award under section 7122(a). It cited the requirements for identifying a clearly erroneous central fact, specifying a conflicting law or regulation, and showing an implausible contract interpretation. The brief release does not describe the underlying grievance or remedy. All union exceptions were denied.

Decision snapshot

• Authority: 5 U.S.C. § 7122(a).
• Outcome: Union exceptions denied; award remains in effect.
• Key point: The short release rejects factual, legal, and contract-interpretation challenges without supplying the underlying grievance facts.

Full text (FLRA public release)

[ v55 p473 ]

55 FLRA No. 77

NATIONAL ASSOCIATION OF GOVERNMENT

EMPLOYEES, LOCAL R5-136

(Union)

and

U.S. DEPARTMENT OF VETERAN AFFAIRS

RALPH H. JOHNSON MEDICAL CENTER

CHARLESTON, SOUTH CAROLINA

(Agency)

0-AR-3167

_____

DECISION

May 18, 1999

_____

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 Sam Jacobson 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, and Authority precedent, the Authority concludes that the award is not deficient on the grounds raised in the exceptions and set forth in section 7122(a). See U.S. Department of the Air Force, Lowry Air Force Base, Denver, Colorado and National Federation of Federal Employees, Local 1497, 48 FLRA 589, 593 (1993) (award not deficient as based on a nonfact where excepting party either challenges a factual matter that the parties disputed at arbitration or fails to demonstrate that the central fact underlying the award is clearly erroneous, but for which a different result would have been reached by the arbitrator); American Federation of Government Employees, Local 1840 and U.S. Department of the Air Force, Randolph Air Force Base, San Antonio, Texas, 45 FLRA 497, 499 (1992) (award not deficient as contrary to law where excepting party fails to specify law, rule, or regulation on which the party relies); United States Department of Labor (OSHA) and National Council of Field Labor Locals, 34 FLRA 573, 575 (1990) (award not deficient as failing to draw its essence from the parties' collective bargaining agreement where excepting party fails to establish that the award cannot in any rational way be derived from the agreement; is so unfounded in reason and fact and so unconnected to the wording and purpose of the agreement as to manifest an infidelity to the obligation of the arbitrator; does not represent a plausible interpretation of the agreement; or cannot in any rational way be derived from the agreement or evidences a manifest disregard of the agreement).

Accordingly, the Union's exceptions are denied.