Internal Revenue Service, Indianapolis District and National Treasury Employees Union, Chapter 49 (Authority decision, December 28, 1987)

Final FLRA decision. On reconsideration, the Authority reverses its earlier decision setting aside an arbitrator's backpay award and denies the agency's exceptions. Under 5 U.S.C. § 7123(a)(1), an order involving an arbitral award is generally excluded from judicial review unless it involves an unfair labor practice under 5 U.S.C. § 7116. This decision does not decide an unfair labor practice.

Plain-English summary

The Authority had earlier set aside an arbitrator's backpay award after finding that an IRS employee had not been converted to a part-time position. The union asked it to reconsider that ruling. Reexamining the record, the Authority found that the arbitrator's determination about the employee's status was supported and consistent with applicable regulations. It reversed its earlier decision and denied the IRS's exceptions to the award. The arbitrator's backpay award therefore remains in place.

Decision snapshot

• Authority: Arbitration exceptions under 5 U.S.C. § 7122(a).
• Outcome: Reconsideration granted; earlier Authority decision reversed; agency exceptions denied.
• Key point: The record supported the arbitrator's finding about the employee's part-time status.

Full text (FLRA public release)

[ v30 p850 ]

30:0850(96)AR

The decision of the Authority follows:

30 FLRA NO. 96
30 FLRA 850

28 DEC 1987

INTERNAL REVENUE SERVICE
INDIANAPOLIS DISTRICT

Activity

and

NATIONAL TREASURY EMPLOYEES
UNION, CHAPTER 49

Union

Case No. 0-AR-1246
(29 FLRA No. 22)

ORDER GRANTING REQUEST FOR RECONSIDERATION

This matter is before the Authority on a request filed by the Union seeking reconsideration of the Authority's decision (Chairman Calhoun dissenting) of September 29, 1987. For the reasons discussed below, the request is granted and the Activity's exceptions to the Arbitrator's award are dismissed.

In 29 FLRA No. 22, the Authority concluded that the Arbitrator "erroneously ruled that the grievant was in fact converted to a part-time position." Accordingly, the Authority set aside the Arbitrator's award of backpay. The Union maintains that the Authority's decision is inconsistent with established law, and that the Arbitrator's determination concerning the status of the grievant is supported by the record.

We have reexamined the record in this case. On the basis of that reexamination, we find that the Arbitrator's determination concerning the status of the grievant is supported by the record as a whole and is not inconsistent with applicable regulations. Accordingly, we grant the Union's request for reconsideration, and reverse the Authority's previous decision.]

The Activity has not shown that the Arbitrator's award is deficient on any of the grounds set forth in section 7122(a) of the Statute. Therefore, the Activity's exceptions are denied.

Issued, Washington, D.C., December 28, 1987

Jerry L. Calhoun, Chairman

Jean McKee, Member

FEDERAL LABOR RELATIONS AUTHORITY