American Federation of Government Employees, Local 3039 and U.S. Department of Defense, Arkansas Air National Guard, 189th Airlift Wing (Authority decision, January 31, 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 3039 challenged an arbitration award involving the Arkansas Air National Guard's 189th Airlift Wing. The Authority reviewed the union's exceptions under 5 U.S.C. § 7122(a). It found no basis in the record to conclude that the award was contrary to law, rule, or regulation, or deficient on grounds comparable to those used by federal courts in private sector labor disputes. The Authority denied the union's exceptions, leaving the arbitration award in place. The short decision does not describe the underlying grievance or the award's terms.

Decision snapshot

• Authority: Review of arbitration awards under 5 U.S.C. § 7122(a).
• Outcome: Union exceptions denied; arbitration award left in place.
• Key point: The union did not establish a statutory basis for setting aside the award.

Full text (FLRA public release)

[ v52 p919 ]
52:0919(92)AR

The decision of the Authority follows:

52 FLRA No. 92

FEDERAL LABOR RELATIONS AUTHORITY

WASHINGTON, D.C.

_____

AMERICAN FEDERATION OF GOVERNMENT
EMPLOYEES

Local 3039

(Union)

and

U.S. DEPARTMENT OF DEFENSE

ARKANSAS AIR NATIONAL GUARD

189th AIRLIFT WING

LITTLE ROCK AIR FORCE BASE

JACKSONVILLE, ARKANSAS

(Agency)

0-AR-2872

_____

DECISION

January 31, 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 Joe D. Woodward 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.)