American Federation of Government Employees, Local 2157 (Union) and United States Department of Veterans Affairs, Willamette National Cemetery, Portland, Oregon (Agency) (Authority decision, June 4, 2010)

Final FLRA decision. This is a final order of the Federal Labor Relations Authority resolving exceptions to an arbitral award under 5 U.S.C. § 7122. Judicial review under 5 U.S.C. § 7123(a) generally does not extend to an order involving an arbitral award unless the order involves an unfair labor practice under 5 U.S.C. § 7116. This decision does not state that it involves an unfair labor practice. The Authority denied the union's exception.

Plain-English summary

AFGE Local 2157 challenged an arbitration award involving the VA's Willamette National Cemetery. The Authority found no basis under the union's exception to set the award aside. It cited the standard for showing that an award fails to draw its essence from a labor agreement. The Authority declined to consider an argument about occupational health and safety laws because the record did not show that it had been raised before the arbitrator. It denied the exception, leaving the award in place. The short published decision does not describe the underlying grievance or the award's terms.

Decision snapshot

• Authority: 5 U.S.C. § 7122(a); 5 C.F.R. § 2429.5.
• Outcome: Union exception denied; arbitration award left in place.
• Key point: The Authority did not consider a health and safety argument that the record did not show was presented to the arbitrator.

Full text (FLRA public release)

XX FLRA No

64 FLRA No. 163

FEDERAL
LABOR RELATIONS AUTHORITY

WASHINGTON,
D.C.

_____

AMERICAN
FEDERATION OF GOVERNMENT EMPLOYEES

LOCAL 2157

(Union)

and

UNITED STATES
DEPARTMENT OF VETERANS AFFAIRS

WILLAMETTE
NATIONAL CEMETERY

PORTLAND, OREGON

(Agency)

0-AR-4618

_____

DECISION

June 4, 2010

_____

Before the
Authority: Carol Waller Pope, Chairman, and

Thomas M. Beck and
Ernest DuBester, Members

This matter is before the Authority on an
exception to an award of Arbitrator Thomas F. Levak filed by the Union under § 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 exception.

Under § 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 exception and set forth in § 7122(a). See U.S. Dep’t of Labor (OSHA), 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 evidences a manifest disregard of the agreement).[*]

Accordingly, the Union’s exception
is denied.

[*]
Under 5 C.F.R. § 2429.5, the Authority
will not consider issues that could have been, but were not, presented to the arbitrator. See, e.g., AFGE, Local 2145, 55 FLRA 366, 368 (1999). As there is no indication in the award, or elsewhere in the record, that the argument concerning compliance with occupational health and safety laws and regulations was raised before the Arbitrator, we will not consider it. See id.