54:0502(51)AR - - AFGE Local 2408 & VA Medical Center, San Juan, PR - - 1998 FLRAdec AR - - v54 p502
[ v54 p502 ]
The decision of the Authority follows:
54 FLRA No. 51
FEDERAL LABOR RELATIONS AUTHORITY
AMERICAN FEDERATION OF GOVERNMENT EMPLOYEES
U.S. DEPARTMENT OF VETERANS AFFAIRS
SAN JUAN, PUERTO RICO
June 30, 1998
Before the Authority: Phyllis N. Segal, Chair; Donald S. Wasserman and Dale Cabaniss, Members.
This matter is before the Authority on exceptions to an award of Arbitrator Richard L. Kanner 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 Regulations. The Agency filed an opposition to the Union's exceptions.
Under section 7122(a) of the Statute, 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, the Authority concludes that the award is not deficient on any of the grounds raised in the exceptions and set forth in section 7122(a).(*)
Accordingly, the Union's exceptions are denied.
(If blank, the decision does not have footnotes.)
*/ The Union's exception that the award conflicts with section 7114(a)(5)(B) of the Statute is unsupported. The Arbitrator found that the Agency did not violate the parties' agreement by permitting a labor relations specialist to attend certain grievance meetings. Section 7114(a)(5)(B), by its terms, concerns an employee's right to exercise grievance and appeal rights, a matter that is unrelated to this grievance. Similarly, the Agency's reliance on section 7114(a)(2)(A) of the Statute is misplaced because that section concerns a union's right to be represented at "formal discussions," a matter that also is unrelated to the grievance.