American Federation of Government Employees, Local 644, National Council of Field Labor Locals and U.S. Department of Labor, Employment Standards Administration, Office of Workers' Compensation Programs, Division of Coal Mine Workers' Compensation, Charleston, West Virginia (Authority decision, May 29, 1987)

Final FLRA decision. The Authority denies the union's exceptions to an arbitration award dismissing an employee's grievance. 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

An employee in a Department of Labor office grieved several aspects of her treatment under the labor agreement. The arbitrator dismissed her claims as untimely or unfounded. The union challenged several factual findings and conclusions. The Authority held that the challenges did not show the award was deficient under the federal labor statute and denied the exceptions.

Decision snapshot

• Authority: Arbitration exceptions under 5 U.S.C. § 7122(a).
• Outcome: Union's exceptions denied; dismissal of the grievance stands.
• Key point: Disagreement with an arbitrator’s factual findings and reasoning did not establish a statutory defect.

Full text (FLRA public release)

[ v27 p152 ]

27:0152(28)AR

The decision of the Authority follows:

27 FLRA No. 28

AMERICAN FEDERATION OF GOVERNMENT
EMPLOYEES, AFL-CIO, LOCAL 644,
NATIONAL COUNCIL OF
FIELD LABOR LOCALS
Union

and

U.S. DEPARTMENT OF LABOR, EMPLOYMENT
STANDARDS ADMINISTRATION, OFFICE OF
WORKERS' COMPENSATION PROGRAMS,
DIVISION OF COAL MINE WORKERS'
COMPENSATION, CHARLESTON,
WEST VIRGINIA
Activity

Case No. 0-AR-1323

DECISION

I. Statement of the Case

This matter is before the Authority on exceptions to the award of Arbitrator Paul L. Selby, Jr., filed by the Union under section 7122(a) of the Federal Service Labor-Management Relations Statute and part 2425 of the Authority Rules and Regulations.

II. Background and Arbitrator's Award

The grievant filed a grievance which was submitted to arbitration claiming that the Activity's treatment of her in numerous respects violated a number of provisions of the parties' collective bargaining agreement. The Arbitrator as his award dismissed the grievance finding that all of the grievant's claims were either untimely or unfounded.

III. Discussion

The Union has filed exceptions challenging a number of the Arbitrator's findings of fact and conclusions.

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 contrary to any law, rule, or regulation, or that the award is deficient on other grounds similar to those applied by federal courts in private sector labor-management relations cases. See, for example, American Federation of Government Employees, Local 2206 and Department of Health and Human Services, Social Security Administration, Southeastern Program Service Center, 6 FLRA 568 (1981) (exceptions which constitute disagreement with the arbitrator's findings of fact, and reasoning and conclusions in reaching the award and an attempt to relitigate the merits of the grievance before the Authority provide no basis for finding an award deficient under section 7122(a) of the Statute). Accordingly, the Union's exceptions are denied.

Issued, Washington, D.C., May 29, 1987.
/s/ Jerry L. Calhoun, Chairman
/s/ Henry B. Frazier III, Member
/s/ Jean McKee, Member
FEDERAL LABOR RELATIONS AUTHORITY