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56 FLRA No. 58
National Association of Government Employees Local R4-78 and U.S. Deprt. of Veterans Affairs , Medical Center Martinsburg, West Virginia (Sergent, Arbitrator), 0-AR-3222 (Decided May 17, 2000)
The Arbitrator denied the grievants' claim for environmental differential pay (EDP). The Authority concluded that the Union did not establish that the award was deficient.
The Union argued that the Arbitrator erred, as a matter of law, by declining to draw an adverse inference from the Agency's inability to produce certain records. The Authority found that the Arbitrator's factual findings and the evidence on which he relied, supported a conclusion that the Arbitrator did not err as a matter of law by declining to draw an adverse inference. Accordingly, the exception was denied. The Authority also rejected the allegations that the award failed to draw its essence from the agreement, or that it was based on a nonfact