VA Medical Center and AFGE Local 2094 (Authority decision, November 18, 1982)

Final FLRA decision. The Authority resolves exceptions to an arbitral award under 5 U.S.C. § 7122. Judicial review under 5 U.S.C. § 7123(a)(1) generally does not extend to orders involving arbitral awards unless an order involves an unfair labor practice under § 7116. This order does not decide an unfair labor practice.

Plain-English summary

An arbitrator found that a grievance at a VA Medical Center missed the time limits in the parties’ agreement and that the parties had not habitually ignored those limits. AFGE Local 2094 disputed her procedural findings. The Authority held that disagreement with those contract-based conclusions did not show a deficient award and denied the exception.

Decision snapshot

• Authority: 5 U.S.C. § 7122(a).
• Outcome: Union exception denied; nonarbitrability award upheld.
• Key point: Disagreement with an arbitrator’s application of grievance deadlines did not justify setting aside the award.

Full text (FLRA public release)

[ v10 p494 ]

10:0494(83)AR

The decision of the Authority follows:

10 FLRA No. 83

VETERANS ADMINISTRATION
MEDICAL CENTER
Activity

and

AMERICAN FEDERATION OF
GOVERNMENT EMPLOYEES,
LOCAL 2094, AFL-CIO
Union

Case No. O-AR-408

DECISION

THIS MATTER IS BEFORE THE AUTHORITY ON AN EXCEPTION TO THE AWARD OF
ARBITRATOR JANET MALESON SPENCER 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
AGENCY DID NOT FILE AN OPPOSITION.

THE PARTIES SUBMITTED TO ARBITRATION THE ISSUE OF WHETHER THE
GRIEVANCE WAS ARBITRABLE AS TIMELY FILED. THE ARBITRATOR DETERMINED
THAT THERE HAD NOT BEEN COMPLIANCE WITH THE TIME LIMITS OF THE PARTIES'
COLLECTIVE BARGAINING AGREEMENT AND THAT THESE REQUIREMENTS HAD NOT BEEN
HABITUALLY IGNORED BY THE PARTIES. ACCORDINGLY, AS HER AWARD THE
ARBITRATOR RULED THAT THE GRIEVANCE WAS NOT ARBITRABLE.

THE UNION IN ITS EXCEPTION CONTENDS THAT THE ARBITRATOR ERRED IN
SEVERAL RESPECTS WHEN SHE DENIED THE GRIEVANCE AS NOT BEING ARBITRABLE.
HOWEVER, THE UNION'S EXCEPTION CONSTITUTES NOTHING MORE THAN
DISAGREEMENT WITH THE ARBITRATOR'S FINDINGS AND CONCLUSIONS REGARDING
THE GRIEVANT'S FAILURE TO COMPLY WITH THE PROCEDURAL REQUIREMENTS OF THE
PARTIES' AGREEMENT AND CONSEQUENTLY PROVIDES NO BASIS FOR FINDING THE
AWARD DEFICIENT. E.G., DEPARTMENT OF DEFENSE, OFFICE OF DEPENDENTS
SCHOOLS AND OVERSEAS EDUCATION ASSOCIATION, 8 FLRA NO. 21(1982).
ACCORDINGLY, THE UNION'S EXCEPTION IS DENIED.

ISSUED, WASHINGTON, D.C., NOVEMBER 18, 1982

RONALD W. HAUGHTON, CHAIRMAN
HENRY B. FRAZIER III, MEMBER
LEON B. APPLEWHAITE, MEMBER
FEDERAL LABOR RELATIONS AUTHORITY