National Federation of Federal Employees, Local 858 and U.S. Department of Agriculture, Farm Service Agency, Kansas City, Missouri (Authority decision, October 8, 1996)

Final FLRA decision. The Authority denies the union's exception 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 Farm Service Agency in Kansas City challenged an arbitration award by Michael D. Gordon. The agency did not oppose the exception. After considering the record, the Authority found the award was not deficient under the grounds in 5 U.S.C. § 7122(a). It denied the exception, 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 exception denied; arbitration award left in place.
• Key point: The Authority found no ground to set aside the award.

Full text (FLRA public release)

[ v52 p400 ]
52:0400(38)AR

The decision of the Authority follows:

52 FLRA No. 38

FEDERAL LABOR RELATIONS AUTHORITY

WASHINGTON, D.C.

_____

NATIONAL FEDERATION OF FEDERAL
EMPLOYEES

LOCAL 858

(Union)

and

U.S. DEPARTMENT OF AGRICULTURE

FARM SERVICE AGENCY

KANSAS CITY, MISSOURI

(Agency)

0-AR-2845

_____

DECISION

October 8, 1996

_____

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

This matter is before the Authority on an exception to an award of Arbitrator Michael D. Gordon 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 exception.

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 exception is denied.

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

*/ In this and
future cases where, based on clear and well-established Authority precedent, the Authority concludes that an award is not deficient on any of the grounds set forth in section 7122(a), the Authority will, consistent with prior practice, deny exceptions in this format. See Social Security Administration, Pittsburg, Kansas and American Federation of Government Employees, AFL-CIO, Local 1336, 27 FLRA 154, 155 (1987).