Federal Sector Decisions, Statute, & Regulations

A proposal that requires the Agency, at or about the time that it issues a proposed disciplinary or adverse action letter, to inform the Union that a letter has been issued and the name of the employee is inconsistent with the Privacy Act, 5 U.S.C. § 552a.

The FLRA concluded an arbitrator's award requiring that positions be filled by seniority excessively interfered with the right to assign employees.

The FLRA found excessive interference when the award had the effect of depriving the agency of the discretion to determine what qualifications are necessary.

The FLRA found that it lacked jurisdiction over the union's exceptions to an arbitrator's award, because the matter was related to the grievant's removal.

Exceptions to awards related to adverse actions or actions for unacceptable performance are beyond the jurisdiction of the FLRA.

The FLRA concluded that proposals concerning the agency's decision to close a facility and transfer employees to a facility 40 miles away were outside the duty to bargain. Proposal was not appropriate because it excessively interfered with the agency's right.

The arbitrator found the agency did not violate law or the agreement when it carried an employee in an absence without leave status, until she provided documentation concerning her seriously ill mother and entered a proper leave request into the computer system. The arbitrator concluded that the family and medical leave act wasn't relevant. Instead, he ruled that the issue concerned the established process for obtaining leave approval. He also found that the agency didn't discriminate against the grievant on the basis of national origin.

Without elaboration, the FLRA explained that an award is not deficient on the ground that the arbitrator exceeded his authority where the excepting party does not establish that he failed to resolve an issue submitted to arbitration, resolved an issue not submitted to arbitration, disregarded specific limitations on his authority or awarded relief to persons not encompassed within the grievance.

Subject Matter:38 USC 7422;Premium Pay;Judicial Review of 7422; and,Subject Matter Jurisdiction over 7422 cases.

Subject Matter: Dispute between AFGE and NAGE over the exclusive representation of employees from two medical centers that merged into a consolidated system

Ruling: The FLRA upheld the decision of the regional director rejecting the AFGE petition to consolidate two units and to declare AFGE the exclusive representative without an election.

Subject Matter: Liability dispute over damages caused by employee human error

Ruling: The FLRA concluded that the arbitrator did not err in finding the damage caused by the grievant was the result of reasonable human error and the grievant was therefore not financially liable.

Subject Matter: Discrimination based on age and gender;Specialty Pay;Subject Matter Jurisdiction over 7422 cases; and,38 USC 7422.

Subject Matter: Question of deficiency of an arbitration award –award fails to draw its essence from the agreement.

Ruling: Without elaboration, the FLRA explained that an award is not deficient on the ground that it fails to draw its essence from the agreement when the excepting party does not establish that the award cannot in any rational way be derived from the agreement, is so unfounded in reason and fact and so unconnected to the wording and purpose of the agreement as to manifest an infidelity to the obligation of the arbitrator, does not represent a plausible interpretation of the agreement, or evidences a manifest disregard of the agreement.

Subject Matter: Concerns over the requirement of union representatives to report to their immediate supervisors before using official time for representational purposes

Ruling: The FLRA ruled that an arbitrator correctly found the agreement did not permit the agency to impose special reporting requirements on union representatives using official time. The method by which union representatives obtain official time approval does not affect an agency's right to assign work.

Subject Matter: Negotiability of proposals from two facilities represented by different unions; one represented by NAGE and the other by AFGE

Ruling: The FLRA determined that three union proposals were within the agency's duty to bargain because they were not moot. The remaining proposals were ruled non-negotiable.

Subject Matter: Negotiability appeal regarding proposals for addressing procedures for filling supervisory and management positions

Ruling: Proposals concerning procedures for filling supervisory and managerial positions do not affect conditions of employment of bargaining unit employees. However, if the proposals are not contrary to law or non-negotiable on other grounds, the parties may negotiable only at the agency's election. The FLRA refused to reconsider its precedent on this matter.

Subject Matter: Appeal concerning arbitration that upheld the agency’s decision to terminate two employees for misconduct

Ruling: The FLRA found that it lacked jurisdiction to review an arbitrator's award upholding the agency's decision to terminate the grievants.

Subject Matter: Employee filed a grievance after being detailed and permanently reassigned to another unit, alleging that the reassignment was retaliation for whistle blowing.

Ruling: The FLRA reversed an arbitrator's finding of non-grievability under 5 USC 7121(d), but remanded the employee’s non-grievability finding under 38 USC 7422.

Subject Matter: Union ’s grievance over the agency's refusal to provide office space for the union's use and the subsequent failure of the agency to meet the timeframe of the grievance procedure

Ruling: An arbitrator determined that the agency did not commit a harmful error when it failed to respond to the union's grievance within the timeframe required by the agreement.

Subject Matter: Agency did not notify the union before telling employees that they could choose to work two newly created compressed schedules

Ruling: The FLRA upheld an arbitrator's conclusion that the agency did not change conditions of employment or otherwise violate the agreement when it added two compressed schedules to employees' tour of duty options.

The FLRA found that an arbitrator's award precluding the agency from using production standards to measure employee performance excessively interfered with the right to direct employees and assign work.

The FLRA explained that an award is not deficient on the ground that the arbitrator failed to provide a fair hearing where the excepting party failed to demonstrate that the arbitrator refused to hear or consider pertinent and material evidence, or that other actions in conducting the proceeding so prejudiced a party so as to affect the fairness of the proceeding as a whole.

The FLRA determined that an arbitration award that postponed the determination of an issue submitted does not constitute a final award subject to review. Exceptions are considered interlocutory when the arbitrator has declined to make a final disposition as to a remedy.

The FLRA explained that an award is not deficient on the ground that the arbitrator exceeded her authority where the excepting party does not establish that the arbitrator failed to resolve an issue submitted to arbitration, disregarded specific limitations on her authority, or awarded relief to persons who were not encompassed within the grievance.

Although the arbitrator found the agency failed to deliver its grievance response in a timely manner, the FLRA refused to vacate his decision not to grant the remedy sought by the union.

The FLRA explained that an award is not deficient as failing to draw its essence from the parties' collective bargaining agreement where excepting party fails to establish the award cannot in any rational way be derived from the agreement; is so unfounded in reason and fact and so unconnected to the wording and purpose of the agreement as to manifest an infidelity to the obligation of the arbitrator; does not represent a plausible interpretation of the agreement; or evidences a manifest disregard of the agreement.

The FLRA explained that an award is not deficient because of bias on the part of an arbitrator where the excepting party fails to demonstrate the award was procured by improper means, there was partiality or corruption on the part of the arbitrator, or the arbitrator engaged in misconduct that prejudiced the rights of the party.

Grievances concerning whether a grievant is entitled to a temporary promotion under a collective bargaining agreement for having temporarily performed the previously classified duties of a higher-graded position do not concern the classification of a position. Conversely, grievances concerning the grade level of duties previously classified as part of a grievant's permanent position concern classification.

An arbitrator's award limiting an agency's right to determine the number of management officials it will assign as representatives interferes with the right to assign work unless the agreement provision interpreted by the arbitrator was negotiated as a procedure or appropriate arrangement. An arbitrator exceeds his authority when he rules on a matter not presented by the parties.

If a party does not commit a clear and patent breach of an agreement, it does not repudiate the agreement, and is not guilty of an unfair labor practice.

The fact that employees interpret regulatory and policy guidance and have decision-making authority within this framework does not establish that they effectively make or shape such policy as a management official.

A union proposal that an employee have a telephone within his cubicle affected the agency's right to determine the methods, means and technology of performing work. It did not constitute an appropriate arrangement.

Proposals that address purely speculative or hypothetical adverse effects flowing from the exercise of a management right are not "arrangements" under the terms of 5 USC 7106(b)(3).

1: 57 FLRA No.132 US Dept. of Veterans Affairs Medical Center, Coatesville, Pennsylvania and NAGE, Local R3-35, SEIU, AFL-CIO - (2002) Failure to notify union of changes in the implementation of Directive 5451 & Med Ctr Policy #ESD-11-99. Jan 02-02

2:57 FLRA No.137 US Dept. of Veterans Affairs Medical Center, Asheville, North Carolina and AFGE, Local 446, AFL-CIO - 2002 FLRAdec CA ~ Respondent failed to provide premium pay to certain nurses appointed under title 38 of the U.S. Code (title 38 nurses). Jan 31-02

3: 57 FLRA No.148 AFGE, AFL-CIO, Local 933 and US Dept. of Veterans Affairs, John D. Dingell Medical Center - 2002 FLRAdec CA ~ Exception to an Award of Arbitrator. Mar 08-02

4: 57 FLRA No. 156 AFGE, Local 1923 and US Dept. of Veterans Affairs, Baltimore, Maryland ~ Exception to an Award of Arbitrator. Apr 16-02

5: 57 FLRA No. 158 NG-2596, AFGE, Local 2280 Iron Mountain, Michigan and US Dept. of Veterans Affairs, Iron Mountain, Michigan ~ Dismissal of petition based on it being outside the duty to bargain. Apr 18-02

6: 57 FLRA No. 169 AR-3427, AFGE and US Dept. of Veterans Affairs, Austin Automation Center, Austin, Texas ~ Exception to an Award of Arbitrator. May 07-02

7: 57 FLRA No. 173 AR-3467, US Dept. of Veterans Affairs Medical Center, Cincinnati, Ohio and AFGE, Local 2031 ~ Award of overtime based on agency violation of parties agreement. Apr 21-02

8: 57 FLRA No. 193 AR-3498, US Dept. of Veterans Affairs, Northern Arizona VA Health Care System, Prescott, Arizona and AFGE, Local 2401 ~ Award was modified to delete the portion that concerns reinstatement and buyout options. Jul 05-02

9: 58 FLRA No. 1 AR-3523, AFGE, Local 2401 and US Dept. of Veterans Affairs, Northern Arizona VA Health Care System, Prescott, Arizona ~ Exception to an Award of Arbitrator. Aug 02-02

10: 58 FLRA No. 11 AT-CA-00260, US Dept. of Veterans Affairs, Ralph H. Johnson Medical Center, Charleston, South Carolina and Nat'l Association of Gov't Employees (NAGE), Local r5-136, SEIU, AFLCIO ~ Unfair Labor Practice (ULP) violation of 7116(a)(1). Sep 10-02

11: 58 FLRA No. 27, O-AR-3536- AFGE, Local 1915 and US Dept. of Veterans Affairs, William Jennings Bryan Dorn Medical Cebter, Columbia, SC ~ Authority concluded that the award was not deficient. October 8, 2002

12: 58 FLRA No. 36, O-AR-3504- AFGE, Local 2054 and US Dept. of Veterans Affairs, Central Arkansas, Veterans Healthcare System, North Little Rock, Arkansas ~ Under the Back Pay Act, arbitrators are not required to resolve requests for attorney fees before an award of backpay becomes final and binding. October 25, 2002

13: 58 FLRA No. 37, O-AR-3575- AFGE, Local 217 and US Dept. of Veterans Affairs, Medical Center, Augusta, Georgia ~ Exception to an award of Arbitrator under § 7122(a) October 25, 2002

14: 58 FLRA No. 61, WA-CA-00229- US Dept. of Veterans Affairs, Washington Regional Office (Respondent) and AFGE, LOCAL 25, AFL-CIO (Charging Party) ~ An agency violates the Statute by changing conditions of employment without completing bargaining. December 23, 2002

15: 58 FLRA No. 62 , O-AR-3535- AFGE, Local 2382 and US Dept. of Veterans Affairs, Carl T. Hayden Medical Center, Phoenix, Arizona ~Arbitrator’s authority, attorneys' fees and costs for expenses and Privacy Act issues. December 24, 2002

16: 58 FLRA No.72, O-AR-3589-AFGE Local 903 and US Dept. of Veterans Affairs, Harry S. Truman Medical Center, Columbia, Missouri ~ Exception to an award of Arbitrator under § 7122(a) January 24, 2003

17: 58 FLRA No. 79, 0-AR-3630-US Dept. of Veterans Affairs Regional Office, Atlanta, Georgia and AFGE Local 517 ~ Exception to an award of Arbitrator under § 7122(a) January 31,2003

18: 58 FLRA No. 85, O-AR-3653-AFGE Local 2145 and US Dept. of Veterans Affairs, Medical Center, Richmond, Virginia ~ Exception to an award of Arbitrator under § 7122(a). February 25, 2003

19: 58 FLRA No. 86, O-AR-3568- AFGE Local 446 and US Dept. of Veterans Affairs, Medical Center, Asheville, NC ~ Back pay to include interest and attorneys fees under the Back Pay Act, 5 U.S.C. § 5596(b)(2) and the Fair Labor Standards Act (FLSA), 29 U.S.C. § 216(b). March 4, 2003

20: 58 FLRA No. 92, O-AR-3551- AFGE Local 507 and US Dept. of Veterans Affairs, Medical Center, West Palm Beach, FL ~ Compensatory time and Agency obligation to bargain over overtime assignments. March 21, 2003

21: 58 FLRA No. 101, O-AR-3611- US Dept. of Veterans Affairs, Ralph H. Johnson Medical Center, Charleston, SC and NAGE Local R5-136 ~ The Arbitrator found that the Agency violated regulations and a settlement agreement between the parties and awarded back pay and service credits. Agency's exceptions denied. March 31, 2003

22: 58 FLRA No. 104, AT-CA-00101,00198- Dept. of Veterans Affairs, Ralph H. Johnson Medical Center, Charleston, SC (Respondent) and NAGE LOCAL R5-136, SEIU, AFL-CIO (Charging Party/Union) ~ Bargain in good faith and conditions of employment. April 1, 2003

23: 58 FLRA No. 110, O-AR-3661- US Dept. of Veterans Affairs, Carl T. Hayden VA Medical Center, Phoenix, Arizona and AFGE Local 2382 ~ Exception to an award of Arbitrator under § 7122(a) April 10, 2003

24: 58 FLRA No. 118, O-AR-3585- AFGE Local 933 and US Dept. of Veterans Affairs, Medical Center, Detroit, MI ~ Grievance was dismissed because it was untimely filed under the parties' agreement. April 18, 2003

25: 58 FLRA No. 124, O-AR-3622- NAGE Local R1-109, and US Dept. of Veterans Affairs, VA Connecticut Healthcare System ~ Sick leave under 5 C.F.R. 603.401(a)(2) and discipline. April 30.2003

1: 56 FLRA No.184 NAGE Local R1-109 and VA, CT Healthcare System, Newington, CT - 2001 FLRAdec NG ~ Tours of duty.
File size: 20K, Create Date: Feb-15-01 14:25

2: 57 FLRA No.9 NFFE Local 1904 and VA Medical Center, New Orleans, LA - 2001 FLRAdec NG ~ Change in policy w/reference to patient accountability.
File size: 20K, Create Date: Apr-20-01 17:28

3: 57 FLRA No.15 VA, CT Healthcare System, Newington, CT and NAGE Local R1-109 - 2001 FLRAdec AR ~ Violation of negotiated agreement.
File size: 14K, Create Date: Apr-20-01 17:28

4: 57 FLRA No. 23 VA, Ralph H. Johnson Medical Center and NAGE Local R5-136 - 2001 FLRAdec AR ~ Temporary Promotion.
File size: 29K, Create Date: May-17-01 15:39

5: 57 FLRA No. 24 VA, Gulf Coast Veterans Health Care System, Biloxi, MS and AFGE Local 1045 - 2001 FLRAdec AR ~ Failure to respond in a timely manner.
File size: 16K, Create Date: May-17-01 15:39

6: 57 FLRA No. 47 NAGE Local R5-136 and VA, Ralph H. Johnson Medical Center, Charleston, SC - 2001 FLRAdec AR ~ Overtime pay.
File size: 21K, Create Date: Jul-03-01 13:50

7: 57 FLRA No 63 VA Medical Center, St. Louis, MO and AFGE Local 96 - 2001 FLRAdec AR ~ On call pay.
File size: 17K, Create Date: Aug-03-01 14:06

8: 57 FLRA No 70 Frateral Order of Police, Local #1F and VA Medical Center, Providence, RI - 2001 FLRAdec NG ~ Agency's right to assign employees.
File size: 112K, Create Date: Aug-28-01 14:31

9: 57 FLRA No 78 VA, Eastern Kansas Health Care System and NFFE Local 1765 - 2001 FLRAdec AR ~ Proportional assessment of fees.
File size: 16K, Create Date: Sep-21-01 14:56

10: 57 FLRA No 90 US Dept. of Veterans Affairs, Ralph H. Johnson Medical Center, Charleston, SC and NAGE Local R5136 - 2001 FLRAdec AR ~ Denial of sick leave.

11: 57 FLRA No 91 CA - Multiple-File Decision -VA, Ralph H. Johnson Medical Center, Charleston, SC and NAGE Locals R5-136 and R5-150 - 2001 FLRAdec CA ~ Failure to recognize and refusal to deal with a NAGE National Representative as the designated representative of NAGE locals R5-136 & R5-150.
File size: 72K, Create Date: Oct-26-01 14:34

12: 57 FLRA No 92 CA - Multiple-File Decision - VA and NAGE Local R5-136 - 2001 FLRAdec CA ~ Failure to permit an attorney to represent the grievant at a step two grievance meeting.
File size: 44K, Create Date: Oct-26-01 14:34

13: 57 FLRA No 104 AR -AFGE Local 446 and US Dept of Veterans Affairs, Veterans Intergrated Service - 2001 FLRAdec ~Exception to an Award of Arbitrator. Creat Date: Oct-23-01

14: 57 FLRA No 107 AR - AFGE, Local 446 and US Dept. of Veterans Affairs, Medical Center, Asheville, North Carolina - 2001 FLRAdec CA ~ Exception to an Award of Arbitrator. Creat Date Oct-31-01

15: 57 FLRA No 110 AR - AFGE, Local 2274 and US Dept. of Veterans Affairs, Aleda E. Lutz Medical Center, Saginaw, Michigan - 2001 FLRAdec CA ~ Reassignment - violation of parties's agreement. Creat Date Nov-08-01

16: 57 FLRA No 126AR - US Dept. Of Veterans Affairs, Medical Center, Houston, Texas and AFGE, Local 1633 - 2001 FLRAdec CA ~ Filling positions based on pre-selection. Create Date Dec 17-01