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American Federation of Government Employees, Local 1045 (Union) and United States Department of Veterans Affairs, Gulf Coast Veterans Health Care System, Biloxi, Mississippi (Agency)

[ v63 p165 ]

63 FLRA No. 65

AMERICAN FEDERATION
OF GOVERNMENT EMPLOYEES
LOCAL 1045
(Union)

and

UNITED STATES
DEPARTMENT OF VETERANS AFFAIRS
GULF COAST VETERANS
HEALTH CARE SYSTEM
BILOXI, MISSISSIPPI
(Agency)

0-AR-4469

_____

DECISION

March 25, 2009

_____

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

      This matter is before the Authority on exceptions to an award of Arbitrator Samuel J. Nicholas, 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 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); 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); Prof'l Airways Sys. Specialists, Dist. No. 1, MEBA/NMU (AFL-CIO), 48 FLRA 764, 768-69 (1993) (award not deficient as contrary to law where excepting party fails to establish that the award is in any manner contrary to the law, rule or regulation on which the party relies).

      Accordingly, the Union's exceptions are denied.