60 FLRA No. 81

U. S. Dept. of Veterans Affairs Veterans Affairs Medical Center Phoenix, Arizona and AFGE, Case No. DE-CA-03-0302 9Decided November 16, 2004)

      The complaint alleged that the Respondent violated section 7116(a)(1) and (8) of the Federal Service Labor-Management Relations Statute by refusing to participate in an arbitration proceeding. The Judge granted the Respondent's Motion for Summary Judgment and denied the General Counsel's Cross-Motion for Summary Judgment, finding that the Respondent did not violate the Statute by departing an arbitration hearing after entering a special appearance to challenge the arbitrator's jurisdiction. Accordingly, the Judge dismissed the complaint. The Authority concluded that the Respondent did not commit the unfair labor practices alleged and dismissed the complaint.

      The Authority has held that an agency's refusal to participate in an arbitration proceeding pursuant to a negotiated grievance procedure conflicts with § 7121 of the Statute and therefore constitutes a violation of § 7116(a)(1) and (8). In this regard, the Authority noted that a party's refusal to participate in an arbitration proceeding results in the obstruction of the grievance resolution process, contrary to the mandate and intent of Congress in enacting § 7121. In this case, the Authority found that the Respondent did not refuse to participate in the arbitration proceeding.