U.S. Department of the Army, Fort Polk, Louisiana and National Association of Government Employees, Local R5-168 (Authority decision, October 23, 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

The union at the Army's Fort Polk installation challenged an arbitration award by John F. Caraway. The Army opposed the union's exceptions. After considering the record, the Authority concluded that 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 the award's 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 basis under section 7122(a) to set aside the award.

Full text (FLRA public release)

[ v52 p458 ]
52:0458(44)AR

The decision of the Authority follows:

52 FLRA No. 44

FEDERAL LABOR RELATIONS AUTHORITY

WASHINGTON, D.C.

_____

U.S. DEPARTMENT OF THE ARMY

FORT POLK, LOUISIANA

(Agency)

and

NATIONAL ASSOCIATION OF GOVERNMENT
EMPLOYEES

LOCAL R5-168

(Union)

0-AR-2747

_____

DECISION

October 23, 1996

_____

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

I. Statement of the Case

This matter is before the Authority on exceptions to an award of Arbitrator John F. Caraway 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.)