American Federation of Government Employees, Local 0342 (Union) and United States Department of Veterans Affairs, Medical Center, Wilmington, Delaware (Agency) (Authority decision, December 3, 2014)

Final FLRA decision. This is a final order of the Federal Labor Relations Authority involving an arbitral award. The arbitration exclusion in 5 U.S.C. § 7123(a)(1) generally limits judicial review of Authority orders involving arbitral awards.

Plain-English summary

The union at the VA Wilmington Medical Center challenged an arbitration award. The Authority issued an abbreviated decision that does not describe the grievance or the award's terms. The union claimed that the award conflicted with law and rested on incorrect facts, but did not support either claim. The Authority denied the exceptions under its rule requiring support for asserted grounds of review. The arbitration award stood.

Decision snapshot

• Authority: 5 U.S.C. § 7122(a); 5 C.F.R. §§ 2425.6(e)(1), 2425.7
• Outcome: The union's exceptions were denied; the arbitration award stood.
• Key point: A party must support its claimed grounds for setting aside an arbitration award.

Full text (FLRA public release)

68 FLRA No. 17

AMERICAN FEDERATION

OF GOVERNMENT EMPLOYEES

LOCAL 0342

(Union)

and

UNITED STATES

DEPARTMENT OF VETERANS AFFAIRS

MEDICAL CENTER

WILMINGTON, DELAWARE

(Agency)

0-AR-5008

_____

DECISION

December 3, 2014

_____

Before the Authority: Carol Waller Pope, Chairman, and

Ernest DuBester and Patrick Pizzella, Members

This matter is before the Authority on exceptions to an award of Arbitrator Sally L. Steinberg-Brent filed by the Union under § 7122(a) of the Federal Service Labor‑Management Relations Statute[1] and part 2425 of the Authority’s Regulations.[2] The Agency filed an opposition to the Union’s exceptions.

We have determined that this case is appropriate for issuance as an expedited, abbreviated decision under § 2425.7 of the Authority’s Regulations.[3]

The Union argues that the award is contrary to law and is based on nonfacts, but does not support those arguments. Therefore, we deny those exceptions under § 2425.6(e)(1) of the Authority’s Regulations.[4]

Accordingly, we deny the Union’s exceptions.

[1] 5 U.S.C. § 7122(a).

[2] 5 C.F.R. pt. 2425.

[3] See id. § 2425.7 (“Even absent a [party’s] request, the Authority may issue expedited, abbreviated decisions in appropriate cases.”).

[4] Id. § 2425.6(e)(1); see also U.S. DOJ, Fed. BOP, Metro. Corr. Ctr., N.Y.C., N.Y., 67 FLRA 442, 450 (2014) (exceptions are subject to denial under § 2425.6(e)(1) of the Authority’s Regulations if they fail to support arguments that raise recognized grounds for review); Fraternal Order of Police, Pentagon Police Labor Comm., 65 FLRA 781, 784-85 (2011) (same).