United States Department of Health and Human Services, Region IX, Indian Health Service (Agency) and Laborers' International Union of North America, Local 1386 (Union)

 

67 FLRA No. 103                                                                                                                                                              
 
UNITED STATES
DEPARTMENT OF HEALTH
AND HUMAN SERVICES
REGION IX
INDIAN HEALTH SERVICE
(Agency)
 
and
 
LABORERS’ INTERNATIONAL
UNION OF NORTH AMERICA
LOCAL 1386
(Union)
 
0‑AR‑4984
 
_____
 
DECISION
 
April 30, 2014
 
_____
 
Before the Authority:  Carol Waller Pope, Chairman, and
Ernest DuBester and Patrick Pizzella, Members
 
                This matter is before the Authority on an exception to an award of Arbitrator Robin Matt,filed by the Agency under § 7122(a) of the Federal Service Labor‑Management Relations Statute and part 2425 of the Authority’s Regulations. The Agency requests an expedited, abbreviated decision under § 2425.7 of the Authority’s Regulations.[1] Although the Union filed an opposition to the Agency’s exception, the Union does not oppose the Agency’s request under § 2425.7. Upon full consideration of the circumstances of this                     case – including the case’s complexity, potential for precedential value, and similarity to other, fully detailed decisions involving the same or similar issues, as well as the absence of any allegation of an unfair labor      practice – we grant the Agency’s request for an expedited, abbreviated decision.  
 
Under § 7122(a) of the Statute,[2] 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, we conclude that the award is not deficient on the ground raised in the exception and set forth in § 7122(a).[3]
               
Accordingly, we deny the Agency’s exception.
 


[1] Section 2425.7 provides, in pertinent part:
 
Where an arbitration matter before the Authority does not involve allegations of unfair labor practices under 5 U.S.C. [§] 7116, and the excepting party wishes to receive an expedited Authority decision, the excepting party may request that the Authority issue a decision that resolves the parties’ arguments without a full explanation of the background, arbitration award, parties’ arguments, and analysis of those arguments. In determining whether such an abbreviated decision is appropria