American Federation of Government Employees, Local 12 and United States Department of Labor (Authority decision, October 8, 1996)

Final FLRA decision. The Authority denies the union's exceptions to an arbitration award. 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 address an unfair labor practice.

Plain-English summary

AFGE Local 12 challenged an arbitration award by Earle W. Hockenberry involving the Department of Labor. The agency opposed the union's exceptions. After considering the record, the Authority found the award was not deficient under any ground in 5 U.S.C. § 7122(a). It denied the exceptions and left the award in place. The brief release does not describe the underlying grievance or remedy.

Decision snapshot

• Authority: Arbitration review under 5 U.S.C. § 7122(a).
• Outcome: Union exceptions denied; arbitration award left in place.
• Key point: The Authority found no statutory basis to set aside the award.

Full text (FLRA public release)

[ v52 p402 ]
52:0402(39)AR

The decision of the Authority follows:

52 FLRA No. 39

FEDERAL LABOR RELATIONS AUTHORITY

WASHINGTON, D.C.

_____

AMERICAN FEDERATION OF GOVERNMENT
EMPLOYEES

LOCAL 12

(Union)

and

UNITED STATES DEPARTMENT OF LABOR

(Agency)

0-AR-2728

_____

DECISION

October 8, 1996

_____

Before the Authority: Phyllis N. Segal, Chair; Tony Armendariz and Donald S. Wasserman, Members.

This matter is before the Authority on exceptions to an award of Arbitrator Earle W. Hockenberry filed by the Union under section 7122(a) of the Federal Service Labor-Management Relations Statute (the Statute) and part 2425 of the Authority's Regulations. The Agency filed an opposition to the Union's exceptions.

Under section 7122(a) of the Statute, an award is deficient if it is contrary to any law, rule, or regulation; or is deficient on other grounds similar to those applied by Federal courts in private sector labor-management relations. Upon careful consideration of the entire record in this case, the Authority concludes that the award is not deficient on any of the grounds set forth in section 7122(a).

Accordingly, the Union's exceptions are denied.

FOOTNOTES:
(If blank, the decision does not
have footnotes.)