American Federation of Government Employees, Local 2663 (Union) and United States Department of Veterans Affairs, Medical Center, Kansas City, Missouri (Agency) (Authority decision, August 20, 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

An arbitrator found that a union grievance involving the VA Kansas City medical center had not been filed on time. The union challenged that ruling, calling it wrong and a dangerous precedent. In an abbreviated decision, the Authority dismissed the union's exception because those assertions identified no recognized ground for reviewing the arbitration award. The decision gives no further facts about the grievance or its filing deadline.

Decision snapshot

• Authority: 5 U.S.C. §§ 7122(a) and 7123(a)(1); 5 C.F.R. §§ 2425.6(e)(1) and 2425.7
• Outcome: The union's exception was dismissed, leaving the arbitrator's timeliness ruling in place.
• Key point: Disagreement with an arbitrator's timeliness ruling must be tied to a recognized review ground.

Full text (FLRA public release)

67 FLRA No. 136

AMERICAN FEDERATION

OF GOVERNMENT EMPLOYEES

LOCAL 2663

(Union)

and

UNITED STATES

DEPARTMENT OF VETERANS AFFAIRS

MEDICAL CENTER

KANSAS CITY, MISSOURI

(Agency)

0‑AR‑5043

_____

ORDER DISMISSING EXCEPTION

August 20, 2014

_____

Before the Authority: Carol Waller Pope, Chairman, and Ernest DuBester and Patrick Pizzella, Members

This matter is before the Authority on an exception to an award of Arbitrator Ronald Hoh filed by the Union under § 7122(a) of the Federal Service Labor‑Management Relations Statute and part 2425 of the Authority’s Regulations. The Agency filed an opposition to the Union’s exception.

We have determined that this case is appropriate for issuance as an expedited, abbreviated decision under § 2425.7 of the Authority’s Regulations.[1]

The Union’s argument that the Arbitrator’s determination that the grievance was not timely filed is wrong and establishes a “dangerous precedent”[2] does not raise a recognized ground for review listed in § 2425.6(a)-(c) of the Authority’s Regulations,[3] and does not otherwise demonstrate a legally recognized basis for setting aside the award. Therefore, we dismiss the exception under § 2425.6(e)(1) of the Authority’s Regulations.[4]

[1] 5 C.F.R. § 2425.7 (“Even absent a [party’s] request, the Authority may issue expedited, abbreviated decisions in appropriate cases.”).

[2] Exception at 8.

[3] 5 C.F.R.§ 2425.6(a)-(c).

[4] Id. § 2425.6(e)(1); see also AFGE, Local 2272, 67 FLRA 335, 335 n.2 (2014) (citing AFGE, Local 3955, Council of Prison Locals 33, 65 FLRA 887, 889 (2011)) (exceptions are subject to dismissal under § 2425.6(e)(1) of the Authority’s Regulations if they fail to raise a recognized ground for review or, in the case of exceptions based on private-sector grounds not currently recognized by the Authority, if they provide insufficient citation to legal authority establishing the grounds upon which the party filed its exceptions).