28:0360(56)AR - AFGE, LOCAL 85 VS VA MEDICAL CENTER
[ v28 p360 ]
The decision of the Authority follows:
28 FLRA NO. 56 VETERANS ADMINISTRATION MEDICAL CENTER Activity and AMERICAN FEDERATION OF GOVERNMENT EMPLOYEES, LOCAL 85 Union Case No. 0-AR-1364
I. Statement of the Case
This matter is before the Authority on exceptions to the award of Arbitrator Lawrence Holman filed by the Union under section 7122(a) of the Federal Service Labor - Management Relations Statute and part 2425 of the Authority's Rules and Regulations.
II. Background and Arbitrator's Award
A grievance was filed and submitted to arbitration based on an alleged failure of the Activity to provide a safe and healthful work environment for the grievant. The Arbitrator found under Article 24, Section 1 of the parties' collective bargaining agreement that the grievant had been provided with a safe place to work on the occasion in question, and as his award he denied the grievance.
In its exceptions the Union contends that the award is deficient because the Arbitrator failed to specifically address the issue of whether the grievant was in imminent danger under Article 24, Section 6 of the agreement.
We conclude that the Union has failed to establish that the award is deficient on any of the grounds set forth in section 7122(a) of the Statute; specifically, that the award is contrary to any law, rule, or regulation, or that the award is deficient on other grounds similar to those applied by federal courts in private sector labor relations cases. See, for example, U.S. Bureau of Prisons and American Federation of Government Employees, AFL - CIO, Local 3696, 10 FLRA 51 (1982) (arbitrators need not discuss the specific agreement provisions involved, and the fact that the opinion accompanying an award does not mention such provisions does not establish that the arbitrator did not rule on them and does not provide a basis for finding the award deficient).
Accordingly, the union's exceptions are denied.
Issued, Washington, D.C., July 31, 1987.
Jerry L. Calhoun, Chairman
Henry B. Frazier III, Member
Jean McKee, Member
FEDERAL LABOR RELATIONS AUTHORITY