NAGE Legal Victory Will Send Case to Arbitration
June 25, 2010
In a victory for NAGE members, a federal arbitrator has ruled that a longstanding dispute between NAGE Local R1-109 in Newington, Connecticut, and the Veterans Administration must go forward to arbitration, despite the employer’s strong objection.
The VA had argued the arbitrator did not have jurisdiction over the issue. NAGE Attorney Scott Jelescheff successfully fought off the agency’s arbitrability challenge so that the dispute is closer to resolution than it has ever been.
The grievance involves the makeup of committees provided for in the NAGE/VA Master Agreement.
Shortly before the scheduled arbitration hearing, the VA filed a motion claiming the issue was non-arbitrable because it had already been grieved in the past, it had been brought to the FLRA, and it was untimely. Drawing heavily from Attorney Jelescheff’s brief, the arbitrator found that arguments the agency raised were irrelevant and erroneous. The particular issue in this grievance had not been decided before, and the agency’s action constituted a continuing violation.