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57 FLRA No. 23
United States Department of Veterans Affairs Ralph H. Johnson Medical Center, Charleston, South Carolina and NAGE, Local R5-136, Case No. 0-AR-3204 (Williams, Arbitrator) (Decided April 6, 2001)
The Arbitrator's award, in this case, was issued on remand from the Authority's decision in 56 FLRA 381 (2000). The Authority concluded that the Agency failed to establish that the award was deficient under § 7122(a) of the Statute.
Preliminarily, the Authority considered Attachment 10 to the exceptions but did not consider Attachments 1, 2, 4, 5, 6, 19 or 20. The Authority noted that under 5 C.F.R. § 2424.5, it will not consider evidence that could have been, but was not, presented to the Arbitrator. The Authority found that only the documents in Attachment 10 were submitted to the Arbitrator, and thus, were properly before the Authority.
With regards to the merits, the Authority concluded that the Agency did not demonstrate that the Arbitrator was biased and/or failed to conduct a fair hearing. The Authority also concluded that the award was no contrary to law, specifically 5 C.F.R. §§ 335.102 and 335.103. The allegations concerning management's right to assign work were also discarded. The Authority noted that where a party fails to except to an arbitrator's finding on a particular issue the party cannot, in exceptions to a later award, collaterally attack the previously-unexcepted-to findings. The Authority explained that the Agency could have made its management's rights argument in ··___··its exceptions to the initial award but failed to do so, the Agency was precluded from now collaterally attacking the Arbitrator's finding on this issue. The Authority also concluded that the Agency failed to establish that award on remand failed to draw its essence from the parties' agreement, that it was based on nonfacts, or that the Arbitrator exceeded his authority.