American Federation of Government Employees, Afl-Cio v. Federal Labor Relations Authority, Veterans Administration, Intervenor

Opinion for the Court filed by Circuit Judge SILBERMAN.

SILBERMAN, Circuit Judge:

This is a petition for review of a Federal Labor Relations Authority (“FLRA” or “Authority”) decision holding that the Veterans Administration (“VA”) did not commit an unfair labor practice by refusing to comply with an arbitrator’s award. The Authority concluded that the agency was entitled to challenge the arbitrator’s jurisdiction in an unfair labor practice proceeding and that the arbitrator lacked jurisdiction. We hold the Authority’s decision not arbitrary and capricious and therefore deny the petition.

I

Grace…