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American Federation of Government Employees, AFL-CIO, Local 933 (Union) and United States Department of Veterans Affairs, John D. Dingell Medical Center (Agency)

[ v57 p710 ]

57 FLRA No. 148

AMERICAN FEDERATION OF GOVERNMENT
EMPLOYEES, AFL-CIO, LOCAL 933
(Union)

and

UNITED STATES DEPARTMENT
OF VETERANS AFFAIRS
JOHN D. DINGELL MEDICAL CENTER
(Agency)

0-AR-3480

_____

DECISION

March 8, 2002

_____

Before the Authority: Dale Cabaniss, Chairman, and
Carol Waller Pope and Tony Armendariz, Members

      This matter is before the Authority on exceptions to an award of Arbitrator Michael P. Long 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). See AFGE, Local 704, 57 FLRA 468, 472 (2001) (union's disagreement with an arbitrator's findings of fact and evaluation of evidence and testimony does not establish that an award is deficient on fair hearing grounds); NFFE, Local 1904, 56 FLRA 196, 200 (2000) (award not deficient on exceeded authority grounds where arbitrator failed to provide a party with a remedy); 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 evidences a manifest disregard of the agreement).

      Accordingly, the Union's exceptions are denied.