U.S. Department of Veteran Affairs, Medical Center, Boston, Massachusetts and American Federation of Government Employees, Local 2143 (Authority decision, September 23, 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 VA Boston Medical Center challenged an arbitration award involving AFGE Local 2143. The Authority rejected the agency's claim that the award was based on a nonfact. Its review standard does not permit a challenge to a factual matter disputed at arbitration and requires a clearly erroneous central fact that would have changed the result. The agency's exception was denied. This short decision does not describe the underlying grievance or remedy.

Decision snapshot

• Authority: 5 U.S.C. § 7122(a).
• Outcome: Agency exception denied; award left in place.
• Key point: A nonfact exception requires more than disagreement with the arbitrator's factual conclusions.

Full text (FLRA public release)

[ v55 p829 ]

55 FLRA No. 142

U.S. DEPARTMENT OF VETERAN AFFAIRS

MEDICAL CENTER

BOSTON, MASSACHUSETTS

(Agency)

and

AMERICAN FEDERATION OF GOVERNMENT

EMPLOYEES, LOCAL 2143

(Union)

0-AR-3200

_____

DECISION

September 23, 1999

_____

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

This matter is before the Authority on an exception to an award of Arbitrator Marsha M. Saylor 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 exception.

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 ground raised in the exception 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, 593-94 (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).

Accordingly, the Agency's exception is denied.