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American Federation of Government Employees, Local 331 (Union) and United States Department of Veterans Affairs, Va Maryland Health Care System, Perry Point, Maryland (Agency)

[ v63 p21 ]

63 FLRA No. 9

AMERICAN FEDERATION
OF GOVERNMENT EMPLOYEES
LOCAL 331
(Union)

and

UNITED STATES
DEPARTMENT OF VETERANS AFFAIRS
VA MARYLAND HEALTH CARE SYSTEM
PERRY POINT, MARYLAND
(Agency)

0-AR-4271

_____

DECISION

November 12, 2008

_____

Before the Authority: Thomas M. Beck, Chairman and
Carol Waller Pope, Member

      This matter is before the Authority on an exception to an award of Arbitrator Alfred O. Haynes, Sr., 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 exception.

      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 ground raised in the exception and set forth in § 7122(a). See 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 exception is denied.