American Federation of Government Employees, Local 1917 and U.S. Department of Justice, Immigration and Naturalization Service, New York District (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 1917 challenged an arbitration award involving the Immigration and Naturalization Service's New York District. The Authority reviewed the union's exceptions under 5 U.S.C. § 7122(a). It concluded that the award was not contrary to law, rule, or regulation or deficient on the other grounds available under that section. 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 p903 ]
52:0903(89)AR

The decision of the Authority follows:

52 FLRA No. 89

FEDERAL LABOR RELATIONS AUTHORITY

WASHINGTON, D.C.

_____

AMERICAN FEDERATION OF GOVERNMENT
EMPLOYEES

LOCAL 1917

(Union)

and

U.S. DEPARTMENT OF JUSTICE

IMMIGRATION AND NATURALIZATION
SERVICE

NEW YORK DISTRICT

NEW YORK, NEW YORK

(Agency)

0-AR-2882

_____

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 Bertram T. Kupsinel 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.)