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National Association of Government Employees, Local R5-136 (Union) and United States Department of Veterans Affairs, Ralph H. Johnson Medical Center, Charleston, South Carolina (Agency)

[ v56 p1120 ]

56 FLRA No. 199







February 28, 2001


Before the Authority: Donald S. Wasserman, Chairman; Dale Cabaniss and Carol Waller Pope, Members.

      This matter is before the Authority on exceptions to an award of Arbitrator J. Reese Johnston, Jr. 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 did not file an opposition to the Union's exceptions.

      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, the Authority concludes that the award is not deficient on the grounds raised in the exceptions and set forth in § 7122(a). AFGE, Local 1840, 45 FLRA 497, 499 (1992) (award not deficient as contrary to law where excepting party fails to specify law on which the party relies); United States Dep't of Labor (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 interpretation of the agreement; or cannot in any rational way be derived from the agreement or evidences a manifest disregard of the agreement). [n1] 

      Accordingly, the Union's exceptions are denied.

Footnote # 1 for 56 FLRA No. 199

   The Union's reliance on United States Dep't of Def., Def. Commissary Agency, Seymour Johnson Air Force Base, N.C., 56 FLRA 1000 (2000), United States Dep't of Def., Def. Commissary Agency, Fort Lee, Va., 56 FLRA 855 (2000), and United States Dep't of Justice, Bureau of Prisons, Fed. Corr. Inst., Loretta, Pa., 55 FLRA 339 (1999) (Member Wasserman concurring in part and dissenting in part), is misplaced. In those cases, the Authority deferred to the arbitrators' findings, including interpretation of the parties' agreements, and did not establish a per se rule that a temporary promotion provision of a collective bargaining agreement is applicable to employees promoted into supervisory positions.