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56 FLRA No. 22
National Federation of Federal Employees Local 1904 and U.S. Department of Veterans Affairs Medical Center, New Orleans, Louisiana (Pelhan, Arbitrator), 0-AR- 3210 (Decided March 21, 2000)
The Arbitrator denied a grievance alleging that the Agency preselected a particular individual for a position and denied the grievant a fair opportunity to compete for that position. The Authority denied all the exceptions. The Authority rejected the allegation that the award was contrary to law.
The Union cited the merit system principles set forth in 5 U.S.C. § 2301(b)(2) and (8). Additionally, the Union cited 5 U.S.C. § 2302(b)(2), (5), (6), and (7), which implement and directly concern the merit system principles set forth in section 2301(b)(2) and (8) of title 5. However, the Union failed to establish a violation of any of the cited subsections of section 2302(b). Additionally, the Union cited no other laws that implement or directly concern merit system principles. As the Union did not demonstrate a violation of a law implementing or directly concerning the cited merit system principles, the Union did not establish a violation of 5 U.S.C. § 2302(b)(12). The Authority also rejected the allegations that the award was based on nonfacts, that it failed to draw its essence from the agreement, that the Arbitrator exceeded his authority, and that the award was incomplete.