American Federation of Government Employees, Local 1482 and U.S. Department of the Navy, Marine Corps Logistics Base, Barstow, California (Authority decision, October 31, 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 Marine Corps Logistics Base in Barstow challenged an arbitration award by Sara Adler. The agency did not oppose the union's exceptions. After considering the record, the Authority concluded that the union had not shown the award was deficient under the grounds for review in 5 U.S.C. § 7122(a). It denied the exceptions, leaving 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 statutory ground to set aside the award.

Full text (FLRA public release)

[ v52 p526 ]
52:0526(49)AR

The decision of the Authority follows:

52 FLRA No. 49

FEDERAL LABOR RELATIONS AUTHORITY

WASHINGTON, D.C.

_____

AMERICAN FEDERATION OF GOVERNMENT
EMPLOYEES

LOCAL 1482

(Union)

and

U.S. DEPARTMENT OF THE NAVY

MARINE CORPS LOGISTICS BASE

BARSTOW, CALIFORNIA

(Agency)

0-AR-2764

_____

DECISION

October 31, 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 Sara Adler 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 did not file 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.)