Federal Grain Inspection Service and National Council of Federal Grain Inspection Locals, American Federation of Government Employees, Local 3769 (Authority decision, April 16, 1987)

Final FLRA decision. The Authority denies the union’s exceptions to portions of an arbitration award. Under 5 U.S.C. § 7123(a)(1), orders involving arbitral awards are generally excluded from judicial review unless they involve an unfair labor practice under 5 U.S.C. § 7116. This decision does not state that it involves one.

Plain-English summary

The National Council of Federal Grain Inspection Locals challenged portions of Arbitrator John F. Caraway’s award involving the Federal Grain Inspection Service. The Authority reviewed the record and found that the union had not established a ground under the federal labor statute for finding the award deficient. It denied the union’s exceptions. The decision does not describe the underlying dispute or the challenged award provisions; it notes that the agency’s separate exceptions were resolved in 26 FLRA No. 70.

Decision snapshot

• Authority: Arbitration exceptions under 5 U.S.C. § 7122(a).
• Outcome: Union exceptions denied; challenged award provisions stand.
• Key point: The union did not establish a statutory ground to set aside the award.

Full text (FLRA public release)

[ v26 p588 ]

26:0588(71)AR

The decision of the Authority follows:

26 FLRA No. 71

FEDERAL GRAIN INSPECTION SERVICE
Activity

and

THE NATIONAL COUNCIL OF FEDERAL
GRAIN INSPECTION LOCALS, AMERICAN
FEDERATION OF GOVERNMENT EMPLOYEES
AFL-CIO, LOCAL 3769
Union

Case No. 0-AR-1224

DECISION

This matter is before the Authority on exceptions to portions of the award of Arbitrator John F. Caraway filed by the Union under section 7122(a) of the Federal Service Labor-Management Relations Statute and part 2425 of the Authority's Rules and Regulations. /*/

Upon careful consderation of the entire record before the Authority, we conclude that the Union has failed to establish that the Arbitrator's award is deficient on any of the grounds set forth in section 7122(a) of the Statute; that is, that the award is deficient on other grounds similar to those applied by Federal courts in private sector labor relations. Accordingly, the Union's exceptions are denied.

Issued, Washington, D.C., April 16, 1987.
/s/ Jerry L. Calhoun
Jerry L. Calhoun, Chairman
/s/ Henry B. Frazier, III
Henry B. Frazier, III, Member
/s/Jean McKee
Jean McKee, Member
FEDERAL LABOR RELATIONS AUTHORITY

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(*) The Agency filed exceptions to other portions of the award. Those exceptions were resolved by the Authority in 26 FLRA No. 70.