Federal Education Association/Lejeune Education Association and Department of Defense, Camp Lejeune Dependents Schools (Authority decision, June 3, 1997)

Final FLRA decision. The Authority denies the union's exceptions to an arbitrator's substantive arbitrability determination. 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 Federal Education Association/Lejeune Education Association challenged an arbitrator's ruling in a case involving Department of Defense schools at Camp Lejeune. The Authority found no ground under the statute governing arbitration awards to set aside the ruling and denied the union's exceptions. Its decision addresses only the arbitrator's substantive arbitrability determination. It does not decide the grievance's merits or describe the underlying dispute.

Decision snapshot

• Authority: 5 U.S.C. § 7122(a).
• Outcome: Union exceptions denied; arbitrability ruling left in place.
• Key point: The Authority decided the challenge to arbitrability only, leaving the grievance's merits unaddressed.

Full text (FLRA public release)

[ v53 p3 ]
53:0003(1)AR

The decision of the Authority follows:

53 FLRA No. 1

FEDERAL LABOR RELATIONS AUTHORITY

WASHINGTON, D.C.

_____

FEDERAL EDUCATION
ASSOCIATION/LEJEUNE

EDUCATION ASSOCIATION

(Union)

and

U.S. DEPARTMENT OF DEFENSE

CAMP LEJEUNE DEPENDENTS SCHOOLS

(Agency)

0-AR-2798

_____

DECISION

June 3, 1997

_____

Before the Authority: Phyllis N. Segal, Chair; and

Donald S. Wasserman, Member.

This matter is before the Authority on exceptions to an award of Arbitrator J. Reese Johnston, Jr. 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 it 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.)

*/ In denying the Union's exceptions,
this decision addresses only the Arbitrator's substantive arbitrability determination, not the merits of the grievance.