United States Department of Veterans Affairs, Medical Center (Agency) and National Association of Government Employees, Local R5-136 (Union) (Authority decision, April 20, 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

The Department of Veterans Affairs filed an exception to an arbitration award involving NAGE Local R5-136. The Authority designated the matter for an expedited, abbreviated decision under 5 C.F.R. § 2425.7. After reviewing the record and its precedent, it held that the agency had not shown the award was deficient under 5 U.S.C. § 7122(a) and denied the exception. The public release does not describe the underlying dispute, the award's terms, or the agency'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 agency's exception and left the arbitration award in place.
• Key point: The abbreviated public decision reports only that the asserted ground did not establish a defect under the statutory standard for reviewing arbitration awards.

Full text (FLRA public release)

70 FLRA No. 100

UNITED STATES

DEPARTMENT OF VETERANS AFFAIRS

MEDICAL CENTER

(Agency)

and

NATIONAL ASSOCIATION

OF GOVERNMENT EMPLOYEES

LOCAL R5-136

(Union)

0‑AR‑5337

_____

DECISION

April 20, 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 Jack Clarke filed by the Agency under § 7122(a) of the Federal Service Labor‑Management Relations Statute (the Statute)[1] and part 2425 of the Authority’s Regulations.[2] The Union filed an opposition to the Agency’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 Agency’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).