Internal Revenue Service, Philadelphia Service Center and National Treasury Employees Union, Chapter 71 (Authority decision, November 14, 1996)

Final FLRA decision. The Authority denies the agency'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 Internal Revenue Service's Philadelphia Service Center challenged an arbitration award by M. David Vaughn. The union opposed the agency's exceptions. After reviewing the record, the Authority found that the award was not deficient under the statutory grounds for setting aside arbitration awards and denied the exceptions. The brief decision does not describe the underlying grievance or the award's remedy.

Decision snapshot

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

Full text (FLRA public release)

[ v52 p576 ]
52:0576(55)AR

The decision of the Authority follows:

52 FLRA No. 55

FEDERAL LABOR RELATIONS AUTHORITY

WASHINGTON, D.C.

_____

INTERNAL REVENUE SERVICE

PHILADELPHIA SERVICE CENTER

(Agency)

and

NATIONAL TREASURY EMPLOYEES UNION

CHAPTER 71

(Union)

0-AR-2752

_____

DECISION

November 14, 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 M. David Vaughn filed by the Agency under section 7122(a) of the Federal Service Labor-Management Relations Statute (the Statute) and part 2425 of the Authority's Regulations. The Union filed an opposition to the Agency'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 Agency's exceptions are denied.

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