Veterans Administration Hospital, Muskogee, Oklahoma and American Federation of Government Employees, Local 2250 (Authority decision, August 4, 1983)

Final FLRA decision. The Authority resolved exceptions to an arbitration award under 5 U.S.C. § 7122. Judicial review of an arbitration order is generally excluded by 5 U.S.C. § 7123(a)(1) unless it involves an unfair labor practice under § 7118. This decision does not address an unfair labor practice.

Plain-English summary

A union challenged an arbitrator’s decision that a grievance involving the hospital’s merit promotion plan was outside the labor agreement’s arbitration procedure. The union argued that the federal labor statute required arbitration and that the arbitrator chose the wrong agreement clause. The Authority found no statutory requirement to arbitrate a matter excluded by the agreement. It treated the remaining exception as disagreement with the arbitrator’s contract interpretation and denied both exceptions.

Decision snapshot

• Authority: Arbitration exception review under 5 U.S.C. § 7122(a).
• Outcome: Union exceptions denied; arbitrator’s grievance dismissal remained in place.
• Key point: The statute did not make an otherwise nonarbitrable grievance arbitrable.

Full text (FLRA public release)

[ v12 p466 ]

12:0466(90)AR

The decision of the Authority follows:

12 FLRA No. 90

VETERANS ADMINISTRATION
HOSPITAL, MUSKOGEE,
OKLAHOMA
Activity

and

AMERICAN FEDERATION OF
GOVERNMENT EMPLOYEES,
LOCAL 2250
Union

Case No. O-AR-225

DECISION

This matter is before the Authority on exceptions to the award of Arbitrator Don J. Harr filed by the Union under section 7122(a) of the Federal Service Labor-Management Relations Statute (the Statute) and part 2425 of the Authority's Rules and Regulations.

The parties submitted to arbitration their dispute of whether the grievance in this case was grievable and arbitrable under the terms of Article XXXII, Section 13 of the collective bargaining agreement which was negotiated under provisions of Executive Order No. 11491. The Arbitrator expressly determined that under Article XXXII, Section 13 of the agreement, pertaining to grievances involving the merit promotion plan, the grievance was not arbitrable. As his award, the Arbitrator dismissed the grievance.

In its first exception the Union contends in essence that the award is contrary to the Statute. In support the Union argues that section 7121(b)(3)(C) of the Statute, /1/ providing for binding arbitration as the terminal step of a negotiated grievance procedure, required the Arbitrator to find that the grievance in this case was arbitrable.

The Authority concludes that this exception fails to establish that the award is contrary to the Statute since no provision of the Statute would make an otherwise nonarbitrable matter subject to arbitration. See Naval Ordnance Station, Louisville, Kentucky and Lodge No. 830, International Association of Machinists and Aerospace Workers, 11 FLRA No. 10 (1983); International Federation of Professional and Technical Engineers and Portsmouth Naval Shipyard, 8 FLRA No. 54 (1982).

In its second exception the Union contends that the Arbitrator made an error in judgment in determining that Article XXXII of the agreement was controlling. This exception, however, merely constitutes disagreement with the Arbitrator's interpretation of the parties' agreement and consequently provides no basis for finding the award deficient. E.g., U.S. Department of Justice, Bureau of Prisons, Raybrook, New York and American Federation of Government Employees, Council of Prison Locals, 9 FLRA No. 130 (1982).

Accordingly, the exceptions are denied. Issued, Washington, D.C., August 4, 1983 Barbara J. Mahone, Chairman Ronald W. Haughton, Member Henry B. Frazier III, Member FEDERAL LABOR RELATIONS AUTHORITY

--------------- FOOTNOTES$ ---------------

/1/ Section 7121(b)(3)(C) provides:

(b) Any negotiated grievance procedure referred to in subsection (a) of this section shall--

. . . .

(3) include procedures that--

. . . .

(C) provide that any grievance not satisfactorily settled under the negotiated grievance procedure shall be subject to binding arbitration which may be invoked by either the exclusive representative or the agency.