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62 FLRA No. 18
American Federation of Government Employees, Local 2328 and United States Department of Veterans Affairs Medical Center, Hampton, Virginia (Begin, Arbitrator), 0-AR-3971 (March 29, 2007)
The Arbitrator denied a grievance over the Agency's determination to charge an employee with absence without leave when the employee failed to follow Agency leave policies. The Union filed exceptions contending that the award was contrary to the Family Medical Leave Act (FLMA) and the Civil Rights Act of 1964 (Title VII).
The Authority denied the exceptions. First, the Authority found that the award was not contrary to the FMLA. The Authority stated that the award was based upon the grievant's failure to follow Agency procedures for requesting leave, not whether the grievant was entitled to leave under FMLA. Second, the Authority found that the award was not contrary to the Title VII. The Authority held that, under the proper standard, the Arbitrator's legal conclusion that there was no violation of Title VII was supported by his factual findings, even though the Arbitrator failed to apply the proper legal test.