United States Department of Veterans Affairs, John J. Pershing VA Medical Center, Poplar Bluff, Missouri and American Federation of Government Employees, Local 2338 (agency decision, July 15, 2024)

Final FLRA decision. This is a final order of the Federal Labor Relations Authority involving exceptions to an arbitral award under 5 U.S.C. § 7122. Judicial review under 5 U.S.C. § 7123(a) generally does not extend to such an order unless the order involves an unfair labor practice under 5 U.S.C. § 7116. This decision dismisses the exceptions for procedural noncompliance and does not state that it involves an unfair labor practice.

Plain-English summary

The Department of Veterans Affairs filed exceptions to an arbitration award involving John J. Pershing VA Medical Center and AFGE Local 2338. The Authority issued a procedural-deficiency order directing the agency to correct its filing and warning that noncompliance could result in dismissal. The agency did not respond. The Authority then issued a show-cause order with another express dismissal warning, and the agency again filed no response. Because a party's failure to comply with an Authority order, including an unanswered show-cause order, warrants dismissal, the Authority dismissed the exceptions without reaching their merits.

Decision snapshot

• Authority: 5 U.S.C. §§ 7122(a) and 7123(a)(1)
• Outcome: The Authority dismissed the agency's exceptions for failure to answer its procedural and show-cause orders.
• Key point: Repeated nonresponse to an express procedural-deficiency order and show-cause order is sufficient grounds to dismiss arbitration exceptions.

Full text (FLRA public release)

73 FLRA No. 179

UNITED STATES

DEPARTMENT OF VETERAN AFFAIRS

JOHN J. PERSHING VA MEDICAL CENTER

POPLAR BLUFF, MISSOURI

(Agency)

and

AMERICAN FEDERATION

OF GOVERNMENT EMPLOYEES

LOCAL 2338

(Union)

AR-5948

ORDER DISMISSING EXCEPTIONS

July 15, 2024

Before the Authority: Susan Tsui Grundmann, Chairman,

and Colleen Duffy Kiko, Member

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

On March 8, 2024, the Authority issued an order (March PDO) directing the Agency to correct a procedural deficiency in the filing of its exceptions.[3] The March PDO also stated, “[F]ailure to respond to or comply with this order by March 22, 2024, may result in dismissal of [the Agency’s] exceptions.”[4] The Agency did not respond to the March PDO. On April 15, 2024, the Authority issued a show-cause order (April SCO) directing the Agency to show cause why its exceptions should not be dismissed for failure to comply with an Authority order.[5] The April SCO also provided that “failure to comply with this order by April 29, 2024, may result in dismissal of the Agency’s exceptions.”[6] The Agency did not respond to the April SCO.

The Authority will dismiss a party’s filing when the party does not comply with an Authority order concerning that filing.[7] Failure to respond to a show-cause order is among the grounds that warrant dismissal.[8] As discussed above, the Agency did not respond to the April SCO, which expressly stated that failure to respond may result in dismissal of the Agency’s exceptions.[9]

For this reason, we dismiss the Agency’s exceptions.[10]

[1] 5 U.S.C. § 7122(a).

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

[3] March PDO at 1.

[4] Id. at 2 (emphasis omitted).

[5] April SCO at 1.

[6] Id. at 2 (emphasis omitted).

[7] U.S. DOJ, Fed. BOP, USP Admin. Maximum (ADX), Florence, Colo., 66 FLRA 20, 20-21 (2011).

[8] See, e.g., U.S. Dep’t of the Navy, Naval Facilities Eng’g Command, Mid-Atl. (NAVFAC MIDLANT) Norfolk, Va., 70 FLRA 347, 347 (2017) (citing U.S. Dep’t of VA, Med. Ctr., Coatesville, Pa., 56 FLRA 829, 830 n.1 (2000); U.S. Dep’t of the Air Force, Albrook Air Force Base, Pan., 39 FLRA 629, 630-32 (1991)).

[9] April SCO at 2.

[10] The Union filed a supplemental submission, asking the Authority to dismiss the Agency’s exceptions. Union’s June 20, 2024 Request for Dismissal at 2. We need not consider that submission or determine whether it is properly before us, because – for the reasons stated above – we would have independently dismissed the Agency’s exceptions, even absent the supplemental submission.