U.S. Department of Veterans Affairs, Brooklyn Veterans Medical Center, Brooklyn, New York and American Federation of Government Employees, Local 1667 (Authority decision, November 29, 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 agency challenged an arbitration award involving AFGE Local 1667. The Authority denied the exceptions in a short decision that does not describe the underlying grievance or remedy. Its cited precedents explain that disagreement with an arbitrator's weighing of evidence is insufficient to overturn an award. Bias requires proof of improper means, partiality, corruption, or prejudicial misconduct, and a disputed arbitration fact does not establish a nonfact defect. The Authority found no defect on the grounds presented.

Decision snapshot

• Authority: 5 U.S.C. § 7122(a).
• Outcome: Agency exceptions denied; the release does not describe the underlying relief.
• Key point: Challenges to evidence, bias, and nonfact must satisfy the relevant review standards.

Full text (FLRA public release)

[ v55 p1102 ]

55 FLRA No. 177

U.S. DEPARTMENT OF VETERANS AFFAIRS

BROOKLYN VETERANS MEDICAL CENTER

BROOKLYN, NEW YORK

(Agency)

and

AMERICAN FEDERATION OF GOVERNMENT

EMPLOYEES, LOCAL 1667

(Union)

0-AR-3225

_____

DECISION

November 29, 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 Hezekiah Brown 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 did not file 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, 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 National Federation of Federal Employees, Local 1827 and U.S. Department of Defense, Defense Mapping Agency, Aerospace Center, St. Louis, Missouri, 52 FLRA 1378, 1385 (1997) (exception challenging an arbitrator's evaluation of the evidence and determination of the weight to be accorded such evidence provides no basis for finding an award deficient); U.S. Department of Veterans Affairs, Medical Center, North Chicago, Illinois and American Federation of Government Employees, Local 2107, 52 FLRA 387, 398 (1996) (award not deficient because of bias on the part of an arbitrator where excepting party fails to demonstrate that the award was procured by improper means, that there was partiality or corruption on the part of the arbitrator, or that the arbitrator engaged in misconduct that prejudiced the rights of the party); 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 exceptions are denied.