American Federation of Government Employees, Local 31 (Union) and U.S. Department of Veterans Affairs, Louis Stokes Medical Center, Nursing Home Care Unit, Brecksville, Ohio (Agency) (Authority decision, September 22, 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

AFGE Local 31 challenged Arbitrator Glen M. Bendixsen's award involving the VA Nursing Home Care Unit in Brecksville, Ohio. The Authority denied the exceptions after reviewing the record and precedent on procedural arbitrability and fair hearings. A party cannot directly challenge an arbitrator's procedural-arbitrability determination, and a fair-hearing challenge requires a showing of prejudicial conduct affecting the proceeding. The Authority also explained that the Federal Rules of Evidence do not govern arbitration hearings. The brief decision does not describe the underlying grievance or remedy.

Decision snapshot

• Authority: 5 U.S.C. § 7122(a); procedural arbitrability and fair-hearing review.
• Outcome: Union exceptions denied.
• Key point: The exceptions did not establish a recognized basis for setting aside the award.

Full text (FLRA public release)

[ v56 p682 ]

56 FLRA No. 113

AMERICAN FEDERATION OF GOVERNMENT

EMPLOYEES, LOCAL 31

(Union)

and

U.S. DEPARTMENT OF VETERANS AFFAIRS

LOUIS STOKES MEDICAL CENTER

NURSING HOME CARE UNIT

BRECKSVILLE, OHIO

(Agency)

0-AR-3333

_____

DECISION

September 22, 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 Glen M. Bendixsen 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.

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 2921 and U.S. Department of the Army, Army & Air Force Exchange Service, Dallas, Texas, 50 FLRA 184, 185-86 (1995) (arbitrator's determination of the procedural arbitrability of a grievance is subject to challenge only on grounds other than those that directly challenge the procedural arbitrability determination); 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). [n1]

Accordingly, the Union's exceptions are denied.

Footnote # 1 for
56 FLRA No. 113

In addition, the Federal Rules of Evidence are not applicable to arbitration hearings and awards, such as that rendered in this
case. See, e.g., U.S. Department of the Navy, Naval Explosive Ordinance Disposal Technology Division, Indian Head, Maryland
and American Federation of Government Employees, Local 1923, 56 FLRA 280, 287 (2000).