American Federation of Government Employees, Local 933 (Union) and United States Department of Veterans Affairs, John D. Dingell Veterans Affairs Medical Center, Detroit, Michigan (Agency) (Authority decision, January 11, 2018)

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 order involves an unfair labor practice.

Plain-English summary

AFGE Local 933 filed an exception to an arbitration award involving the John D. Dingell VA Medical Center. The Authority reviewed the record under the statutory grounds for challenging arbitration awards. It concluded that the Union had not shown that the award failed to draw its essence from the parties' agreement and denied the exception. The expedited public release does not describe the underlying grievance, the award's terms, or the Union's specific argument.

Decision snapshot

• Authority: 5 U.S.C. §§ 7122(a) and 7123(a)(1); 5 C.F.R. § 2425.7
• Outcome: The Authority denied the union's exception and left the arbitration award in place.
• Key point: The abbreviated decision found no basis to disturb the arbitrator's interpretation of the collective-bargaining agreement.

Full text (FLRA public release)

70 FLRA No. 78

AMERICAN FEDERATION

OF GOVERNMENT EMPLOYEES

LOCAL 933

(Union)

and

UNITED STATES

DEPARTMENT OF VETERANS AFFAIRS

JOHN D. DINGELL VETERANS AFFAIRS MEDICAL CENTER

DETROIT, MICHIGAN

(Agency)

0‑AR‑5326

_____

DECISION

January 11, 2018

_____

Before the Authority: Colleen Duffy Kiko, Chairman, and Ernest DuBester and James T. Abbott, Members

This matter is before the Authority on an exception to an award of Arbitrator Ronald F. Talarico 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 exception. 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 ground raised in the exception and set forth in § 7122(a).[5]

Accordingly, we deny the Union’s exception.

[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. 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).