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American Federation of Government Employees, Local 903 (Union) and United States, Department of Veterans Affairs, Harry S. Truman Medical Center, Columbia, Missouri (Agency)

[ v58 p313 ]

58 FLRA No. 72

AMERICAN FEDERATION
OF GOVERNMENT EMPLOYEES,
LOCAL 903
(Union)

and

UNITED STATES
DEPARTMENT OF VETERANS AFFAIRS,
HARRY S. TRUMAN MEDICAL CENTER,
COLUMBIA, MISSOURI
(Agency)

0-AR-3589

_____

DECISION

January 24, 2003

_____

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 Charles E. Clark 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 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 United States Dep't of the Air Force, Lowry Air Force Base, Denver, Colo., 48 FLRA 589, 593-94 (1993) (award not deficient as based on a nonfact where excepting party either challenges a factual matter that the parties disputed at arbitration or fails to demonstrate that a central fact underlying the award is clearly erroneous, but for which a different result would have been reached by the arbitrator).

      Accordingly, the Union's exceptions are denied.