American Federation of Government Employees, Local 331 (Union) and United States Department of Veterans Affairs, Medical Center, Perry Point, Maryland (Agency)
67 FLRA No. 75
OF GOVERNMENT EMPLOYEES
DEPARTMENT OF VETERANS AFFAIRS
PERRY POINT, MARYLAND
February 28, 2014
Before the Authority: Carol Waller Pope, Chairman, and
Ernest DuBester and Patrick Pizzella, Members
This matter is before the Authority on an exception to an award of Arbitrator Jerome H. Ross filed by the Union under § 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 exception.
We have determined that this case is appropriate for issuance as an expedited, abbreviated decision under 5 C.F.R. § 2425.7. Under § 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 and Authority precedent, we conclude that the award is not deficient on the ground raised in the exception and set forth in § 7122(a).
Accordingly, we deny the Union’s exception.
See 5 C.F.R. § 2425.7 (“[e]ven absent a [party’s] request, the Authority may issue expedited, abbreviated decisions in appropriate cases”).
U.S. DOL (OSHA), 34 FLRA 573, 575 (1990) (award not deficient as failing to draw its essence from the parties’ collective-bargaining agreement where excepting party fails to establish that the award cannot in any rational way be derived from the agreement; is so unfounded in reason and fact and so unconnected to the wording and purpose of the agreement as to manifest an infidelity to the obligation of the arbitrator; does not represent a plausible interpretati