70 FLRA No. 29                                                                                                                                                                    

                                                                                                                                                                                                               

AMERICAN FEDERATION

OF GOVERNMENT EMPLOYEES

LOCAL 2338

(Union)

 

and

 

UNITED STATES

DEPARTMENT OF VETERANS AFFAIRS

JOHN J. PERSHING VA MEDICAL CENTER

(Agency)

 

0‑AR‑5215

 

_____

 

ORDER DISMISSING EXCEPTION

 

January 12, 2017

 

_____

 

Before the Authority:  Ernest DuBester, Chairman, and Patrick Pizzella, Member

 

This matter is before the Authority on an exception to an award of Arbitrator Richard Stanton filed by the Union under § 7122(a) of the Federal Service Labor‑Management Relations Statute[1] and part 2425 of the Authority’s Regulations.[2] 

 

We have determined that this case is appropriate for issuance as an expedited, abbreviated decision under § 2425.7 of the Authority’s Regulations.[3]

 

Sections 2425.4(c) and 2429.5 of the Authority’s Regulations[4] bar consideration of the Union’s sole exception that, under the Back Pay Act,[5] the Arbitrator should have granted relief for a period of at least six years prior to the filing of the grievance.[6]  The Union should have known to raise this argument before the Arbitrator, but the record does not reflect that the Union did so.  Therefore, we dismiss the exception.[7]