American Federation of Government Employees, Local 2797 and U.S. Department of the Army, Jefferson Proving Ground, Madison, Indiana (Authority decision, April 30, 1992)

Final FLRA decision. The Authority dismisses exceptions to an interest arbitration award arising from Federal Service Impasses Panel action. 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 resolve an unfair labor practice.

Plain-English summary

AFGE Local 2797 challenged an interest arbitration award for its dispute with the Army's Jefferson Proving Ground. The Federal Service Impasses Panel had recommended interest arbitration after the union requested its help, and the arbitrator issued an award. The Authority held that it cannot review an interest arbitration award arising from Panel action through exceptions under 5 U.S.C. § 7122. It dismissed the union's exceptions without deciding the merits of the award.

Decision snapshot

• Authority: Impasse procedures under 5 U.S.C. § 7119(b)(1); arbitration exceptions under § 7122.
• Outcome: Union exceptions dismissed; interest arbitration award left undisturbed.
• Key point: The Authority's arbitration exceptions process does not review interest arbitration awards resulting from Panel action.

Full text (FLRA public release)

[ v44 p1093 ]

44:1093(88)AR

The decision of the Authority follows:

44 FLRA NO. 88

AMERICAN FEDERATION
OF GOVERNMENT EMPLOYEES
LOCAL 2797
(Union)

and

U.S. DEPARTMENT OF THE ARMY
JEFFERSON PROVING GROUND
MADISON, INDIANA
Agency)

0-AR-2265

30 APR 1992

ORDER DISMISSING EXCEPTIONS

The Union has filed exceptions to the interest arbitration award of Arbitrator Stephen L. Hayford in the above-captioned case. For the following reasons, the Union's exceptions must be dismissed.

On March 6, 1991, the Union filed a request for assistance to the Federal Service Impasses Panel (Panel) under section 7119(b)(1) of the Statute. On May 7, 1991, the Panel recommended that the parties submit the issues in dispute to an interest arbitrator. The Arbitrator issued his award on March 2, 1992.

Interest arbitration awards resulting from Panel action on a request filed under section 7119(b)(1) of the Statute are not subject to review by the Authority pursuant to exceptions filed under section 7122. See U.S. Department of the Interior, Bureau of Reclamation, Lower Colorado Region, Yuma, Arizona and National Federation of Federal Employees, Local 1487, 41 FLRA 3, 7-8 (1991).

The award in this case resulted from Panel action on a request filed under section 7119(b)(1) of the Statute. Accordingly, the Union's exceptions are dismissed.

For the Authority.

Alicia N. Columna
Director, Case Control Office