U.S. Department of Defense, Army and Air Force Exchange, Laughlin Air Force Base Exchange and American Federation of Government Employees, Local 1749 (Authority decision, December 2, 1997)

Final FLRA decision. This is a final order of the Federal Labor Relations Authority involving an arbitral award under 5 U.S.C. § 7122. Judicial review under 5 U.S.C. § 7123(a) generally does not extend to such an order unless the order involves an unfair labor practice under 5 U.S.C. § 7116. This decision resolves exceptions to an arbitration award and does not state that it involves an unfair labor practice.

Plain-English summary

The Army and Air Force Exchange at Laughlin Air Force Base challenged an arbitration award issued by Samuel J. Nicholas, Jr. The Authority reviewed the agency's exceptions under the statutory grounds for setting aside an award. It concluded that none of the asserted grounds showed that the award was deficient and denied the exceptions. The brief decision does not describe the underlying dispute or the relief awarded by the arbitrator.

Decision snapshot

• Authority: Arbitration exceptions under 5 U.S.C. § 7122(a).
• Outcome: Agency exceptions denied; the arbitration award remains in place.
• Key point: The Authority found no established statutory ground for setting aside the award.

Full text (FLRA public release)

[ v53 p940 ]
53:0940(75)AR

The decision of the Authority follows:

53 FLRA No. 75

FEDERAL LABOR RELATIONS AUTHORITY

WASHINGTON, D.C.

_____

U.S. DEPARTMENT OF DEFENSE

ARMY AND AIR FORCE EXCHANGE

LAUGHLIN AIR FORCE BASE EXCHANGE

LAUGHLIN AIR FORCE BASE, TEXAS

(Agency)

and

AMERICAN FEDERATION OF GOVERNMENT
EMPLOYEES

LOCAL 1749

(Union)

0-AR-2843

_____

DECISION

December 2, 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 Samuel J. Nicholas, Jr. 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.

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 raised in the exceptions and set forth in section 7122(a).

Accordingly, the Agency's exceptions are denied.

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