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56 FLRA No. 199
National Association of Government EmployeesLocal R5-136 and United States Department of Veterans Affairs Ralph H. Johnson Medical Center Charleston, South Carolina (Johnston, Arbitrator), 0-AR-3367 (Decided February 28, 2001)
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. Here, the Authority concluded that the award was not deficient on the grounds raised in the exceptions and set forth in § 7122(a). The Authority rejected the allegation that the award was contrary to law on the ground that it will not find an award deficient where the excepting party fails to specify law on which the party relies.
Also rejected was the allegation that the award failed to draw its essence form the parties' collective bargaining agreement. The Authority noted that the excepting party failed to establish that the award could not in any rational way be derived from the agreement; was 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; did not represent a plausible interpretation of the agreement; or could not in any rational way be derived from the agreement or evidenced a manifest disregard of the agreement.