[ v63 p166 ]

63 FLRA No. 66

AMERICAN FEDERATION
OF GOVERNMENT EMPLOYEES
LOCAL 2401
(Union)

and

UNITED STATES
DEPARTMENT OF VETERANS AFFAIRS
MEDICAL CENTER
(Agency)

0-AR-4458

_____

DECISION

March 25, 2009

_____

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

      This matter is before the Authority on an exception to an award of Arbitrator Edna E.J. Francis 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 exception. [n*] 

      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). (exception denied where agency did not show that the award failed to draw its essence from the agreement).

      Accordingly, the Union's exception is denied.

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Footnote * for 63 FLRA No. 66 - Authority's Decision

   The Agency's request for dismissal is denied. The record is sufficient under § 2425.2 of the Authority's Regulations. Moreover, the Union cured the procedural defect pertaining to the exception by serving a copy of the award on the Agency. See Deficiency Order; Union Cure of Deficiencies. Accordingly, we address the Union's exception. See AFGE, Local 1156, 56 FLRA 1024, 1025 n.2 (2000).