Click here to view the decision.
57 FLRA No. 137
U. S. Dept. of Veterans Affairs, Veterans Affairs Medical Center, Asheville, North Carolina and AFGE, Local 446, AFL-CIO, WA-CA-00547 (Decided January 31, 2002)
The complaint alleged that the Respondent violated § 7116(a)(1) and (8) of the Federal Service Labor-Management Relations Statute by refusing to comply with an arbitrator's award. The Judge found that the Authority lacked jurisdiction over this matter, and dismissed the complaint. The Authority adopted the Judge's findings, conclusions, and recommended Order.
Preliminarily, the Authority concluded that the GC failed to demonstrate that the Judge erred by admitting the Under Secretary's letter and the confirming letter. The Authority noted that parties may raise arguments regarding the Authority's jurisdiction at any stage of the proceedings. It further explained that once the Secretary or designee make a § 7422(d) determination concerning a matter, the Authority is deprived of jurisdiction over that matter. Here, as the Under Secretary -- the Secretary's designee -- made a § 7422(d) determination, the Authority lacked jurisdiction over the matter. Accordingly, the complaint was dismissed.