United States Department of Veterans Affairs Medical Center, Augusta, Georgia and National Nurses United (Authority decision, January 31, 2011)

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. The Authority denied the agency's exception to the arbitrator's award.

Plain-English summary

The Augusta VA Medical Center challenged an arbitration award in a dispute with National Nurses United. The Authority reviewed the agency's exception under the rule for awards alleged to conflict with law, rule, or regulation. It concluded that the exception did not establish a defect in the award and denied it. The published decision does not describe the underlying grievance or state what relief the arbitrator awarded.

Decision snapshot

• Authority: 5 U.S.C. §§ 7122(a) and 7123(a).
• Outcome: The Authority denied the agency's exception, leaving the arbitration award in place.
• Key point: The agency's exception did not establish that the award conflicted with the law, rule, or regulation it relied on.

Full text (FLRA public release)

65 FLRA No. 100

UNITED STATES

DEPARTMENT OF VETERANS AFFAIRS

MEDICAL CENTER

AUGUSTA, GEORGIA

(Agency)

and

NATIONAL NURSES UNITED

(Union)

0-AR-4719

_____

DECISION

January 31, 2011

_____

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 Allen D. Schwartz filed by the Agencyunder § 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 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 ground raised in the exception and set forth in § 7122(a). See Prof’l Airways Sys. Specialists, Dist. No. 1, MEBA/NMU (AFL-CIO), 48 FLRA 764, 768-69 (1993) (award not deficient as contrary to law where excepting party fails to establish that the award is in any manner contrary to the law, rule, or regulation on which the party relies).

Accordingly, the Agency’s exception is denied.