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60 FLRA No. 91
AFGE, Local 217 and U. S. Dept. of Veterans Affairs Medical Center, Augusta, Georgia (Hudson, Arbitrator) 0-AR-3836 (Decided November 30, 2004)
The Arbitrator denied a grievance alleging that the Agency violated the parties' master agreement when it failed to promote the grievant. The Union argued that the award was contrary to law, rule or regulation, and in violation of OPM Guidelines under 5 C.F.R. 335.103(c)(3)(i).
The Authority found that the Union did not provide any arguments regarding how the award violated the above cited regulatory provision and denied the Union's exceptions. Noting that an arbitrator's determination of the procedural arbitrability of a grievance is subject to challenge only on grounds other than those that directly challenge the procedural arbitrability determination, the Authority found that the Union's claim challenged the Arbitrator's procedural arbitrability determination. As such, there was no basis for finding the award deficient. The Authority also rejected the allegation that the award failed to draw its essence from the parties' agreement.