American Federation of Government, Employees, Local 446, (Union) and U.S. Department of Veterans Affairs, Medical Center, Asheville, North Carolina, (Agency) (Authority decision, May 19, 2000)

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 award by Arbitrator Judith A. La Manna. The Authority denied the exceptions under its standards for a fair arbitration hearing and factual error. It concluded that the union had not established a defect under section 7122(a). The brief decision does not describe the underlying grievance or the substantive remedy.

Decision snapshot

• Authority: Statutory arbitration review for a fair hearing and factual error.
• Outcome: Union exceptions denied.
• Key point: The asserted hearing and factual defects did not establish that the award was deficient.

Full text (FLRA public release)

[ v56 p421 ]

56 FLRA No. 59

AMERICAN FEDERATION OF GOVERNMENT

EMPLOYEES, LOCAL 446

(Union)

and

U.S. DEPARTMENT OF VETERANS AFFAIRS

MEDICAL CENTER

ASHEVILLE, NORTH CAROLINA

(Agency)

0-AR-3311

_____

DECISION

May 19, 2000

_____

Before the Authority: Donald S. Wasserman, Chairman and Dale Cabaniss, Member.

This matter is before the Authority on exceptions to an award of Arbitrator Judith A. La Manna 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 did not file 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 American Federation of Government Employees, Local 1668 and U.S. Department of the Air Force, Elmendorf Air Force Base, Anchorage, Alaska, 50 FLRA 124, 126 (1995) (award not deficient on ground that arbitrator failed to provide a fair hearing where excepting party fails to demonstrate that the arbitrator refused to hear or consider pertinent and material evidence, or that other actions in conducting the proceeding so prejudiced a party so as to affect the fairness of the proceeding as a whole); 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 a central fact underlying the award is clearly erroneous, but for which a different result would have been reached by the arbitrator).

Accordingly, the Union's exceptions are denied.