American Federation of Government Employees, Local 2145 (Union) and United States Department of Veterans Affairs, Medical Center, Richmond, Virginia (Agency) (Authority decision, December 2, 2015)

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 an order involving an arbitral award unless the order involves an unfair labor practice under 5 U.S.C. § 7116. This abbreviated decision does not state that the award involves an unfair labor practice.

Plain-English summary

AFGE Local 2145 filed exceptions to an arbitration award involving the Richmond VA Medical Center. The union challenged the award on factual and contract-interpretation grounds. After reviewing the record and governing precedent, the Authority held that the asserted factual error either concerned a disputed matter or was not a clearly erroneous central fact that changed the result. It also found no irrational, implausible, or manifestly disregarding interpretation of the agreement. The Authority denied the exceptions and left the award in place, while the expedited public release does not describe the underlying grievance or remedy.

Decision snapshot

• Authority: 5 U.S.C. §§ 7122(a) and 7123(a)(1); 5 C.F.R. part 2425 and § 2425.7
• Outcome: The Authority denied the union's exceptions and left the arbitration award in place.
• Key point: Disputed facts and disagreement with a plausible contract interpretation do not establish that an arbitration award is deficient.

Full text (FLRA public release)

69 FLRA No. 14

AMERICAN FEDERATION

OF GOVERNMENT EMPLOYEES

LOCAL 2145
(Union)

and

UNITED STATES

DEPARTMENT OF VETERANS AFFAIRS
MEDICAL CENTER

RICHMOND, VIRGINIA

(Agency)

0‑AR‑5151

_____

DECISION

December 2, 2015

_____

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 Thomas L. Hewitt filed by the Union under § 7122(a) of the Federal Service Labor‑Management Relations Statute (the 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]

Under § 7122(a) of the Statute,[4] 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, we conclude that the award is not deficient on the grounds raised in the exceptions and set forth in § 7122(a).[5]

Accordingly, we deny the Union’s exceptions.

[1] 5 U.S.C. § 7122(a).

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

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

[4] 5 U.S.C. § 7122(a).

[5] U.S. Dep’t of the Air Force, Lowry Air Force Base, Denver, Colo., 48 FLRA 589, 593-94 (1993) (award not deficient as based on a nonfact where excepting party either challenges a factual matter that the parties disputed at arbitration or fails to demonstrate that a central fact underlying the award is clearly erroneous, but for which the arbitrator would have reached a different result); U.S. DOL (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 purposes 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).