Internal Revenue Service, Philadelphia Service Center and National Treasury Employees Union Chapter 71 (Authority decision, June 4, 1997)

Final FLRA decision. The Authority denies the agency's exceptions to an arbitration award, completing its review of that challenge. 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 involving National Treasury Employees Union Chapter 71. The Authority considered the agency's exceptions under the statute governing arbitration awards and found no basis to declare the award deficient. It denied the exceptions, leaving the award in place. The decision does not describe the grievance or the award's terms.

Decision snapshot

• Authority: 5 U.S.C. § 7122(a).
• Outcome: Agency exceptions denied; arbitration award left in place.
• Key point: The agency did not establish a statutory or comparable ground for setting aside the award.

Full text (FLRA public release)

[ v53 p4 ]
53:0004(2)AR

The decision of the Authority follows:

53 FLRA No. 2

FEDERAL LABOR RELATIONS AUTHORITY

WASHINGTON, D.C.

_____

U.S. DEPARTMENT OF THE TREASURY

INTERNAL REVENUE SERVICE

PHILADELPHIA SERVICE CENTER

PHILADELPHIA, PENNSYLVANIA

(Agency)

and

NATIONAL TREASURY EMPLOYEES UNION

CHAPTER 71

(Union)

0-AR-2853

_____

DECISION

June 4, 1997

_____

Before the Authority: Phyllis N. Segal, Chair; and Donald S. Wasserman, Member.

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 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 Agency's exceptions are denied.

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