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57 FLRA No. 169
AFGE and U. S. Dept. of Veterans Affairs, Austin Automation Center, Austin, Texas (Helburn, Arbitrator), 0-AR-3427 (Decided May 7, 2002)
After review of the record, the Authority concluded that the award was not deficient on the grounds raised in the exception and set forth in § 7122(a). The Authority noted that under 5 C.F.R. § 2429.5 it will not consider issues that could have been, but were not, presented to the arbitrator. The Union argued that the Arbitrator erred in failing to apply the Department of Labor's regulations in concluding that the grievants were exempt from the Fair Labor Standards Act. However, this issue could have been presented to the Arbitrator, but there was no indication it was raised before the Arbitrator.