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National Association of Government Employees, SEIU, Local 1998 (Union) and United States, Department of Veterans Affairs, Perry Point Medical Center, Perry Point, Maryland (Agency)

[ v62 p10 ]

62 FLRA No. 4

NATIONAL ASSOCIATION
OF GOVERNMENT EMPLOYEES
SEIU, LOCAL 1998
(Union)

and

UNITED STATES
DEPARTMENT OF VETERANS AFFAIRS
PERRY POINT MEDICAL CENTER
PERRY POINT, MARYLAND
(Agency)

0-AR-4152

_____

DECISION

January 30, 2007

_____

Before the Authority: Dale Cabaniss, Chairman and
Wayne C. Beyer, Member

      This matter is before the Authority on exceptions to an award of Arbitrator William M. Earnest 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 Navy, Naval Base, Norfolk, Va., 51 FLRA 305, 307-08 (1995) (award not deficient on ground that arbitrator exceeded his authority where excepting party does not establish that arbitrator failed to resolve an issue submitted to arbitration, disregarded specific limitations on his authority, or awarded relief to persons who were not encompassed within the grievance) and AFGE, Local 2921, 50 FLRA 184, 185-86 (1995) (arbitrator's determination of the procedural arbitrability of a grievance is subject to challenge only on grounds other than those that directly challenge the procedural arbitrability determination).

      Accordingly, the Union's exceptions are denied.