American Federation of Government Employees, Local 1867 and U.S. Department of the Air Force, U.S. Air Force Academy (Authority decision, February 3, 1997)

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

AFGE Local 1867 challenged an arbitration award involving the U.S. Air Force Academy. The Authority reviewed the union's exceptions under the rule allowing it to set aside awards that conflict with law, rule, or regulation or are deficient on comparable judicial grounds. It found no such defect and denied the exceptions, leaving the award in place. The published decision does not describe the underlying grievance or the arbitrator's reasoning.

Decision snapshot

• Authority: Arbitration review under 5 U.S.C. § 7122(a).
• Outcome: Union exceptions denied; arbitration award left in place.
• Key point: The short decision finds no statutory ground to set aside the award and gives no detail about the grievance.

Full text (FLRA public release)

[ v52 p944 ]
52:0944(95)AR

The decision of the Authority follows:

52 FLRA No. 95

FEDERAL LABOR RELATIONS AUTHORITY

WASHINGTON, D.C.

_____

AMERICAN FEDERATION OF GOVERNMENT
EMPLOYEES

LOCAL 1867

(Union)

and

U.S. DEPARTMENT OF THE AIR FORCE

U.S. AIR FORCE ACADEMY

(Agency)

0-AR-2855

_____

DECISION

February 3, 1997

_____

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 Hugh R. Catherwood 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.)