Tidewater Virginia Federal Employees Metal Trades Council and U.S. Department of the Navy, Norfolk Naval Shipyard, Portsmouth, Virginia (Authority decision, December 30, 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 Tidewater Virginia Federal Employees Metal Trades Council challenged an arbitration award involving the Navy's Norfolk Naval Shipyard. The published decision does not describe the underlying grievance or the arbitrator's remedy. After reviewing the record, the Authority found no basis under 5 U.S.C. § 7122(a) to find the award deficient and denied the union's exception.

Decision snapshot

• Authority: Arbitration review under 5 U.S.C. § 7122(a).
• Outcome: Union exception denied; arbitration award left in place.
• Key point: The decision gives no case-specific reason beyond finding no statutory ground to overturn the award.

Full text (FLRA public release)

[ v52 p771 ]
52:0771(75)AR

The decision of the Authority follows:

52 FLRA No. 75

FEDERAL LABOR RELATIONS AUTHORITY

WASHINGTON, D.C.

_____

TIDEWATER VIRGINIA FEDERAL EMPLOYEES

METAL TRADES COUNCIL

(Union)

and

U.S. DEPARTMENT OF THE NAVY

NORFOLK NAVAL SHIPYARD

PORTSMOUTH, VIRGINIA

(Agency)

0-AR-2889

_____

DECISION

December 30, 1996

_____

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 an exception to an award of Arbitrator David A. Singer, Jr. 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 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.)