American Federation of Government Employees, Local 2302 and United States Department of Defense, Army and Air Force Exchange Service (Authority decision, March 27, 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 2302 challenged an arbitration award involving the Army and Air Force Exchange Service. The Authority reviewed the record under 5 U.S.C. § 7122(a) and found no ground to set the award aside. It denied the union's exceptions. The short public decision does not describe the grievance, the arbitrator's ruling, or the union's specific objections.

Decision snapshot

• Authority: Arbitration review under 5 U.S.C. § 7122(a).
• Outcome: Union exceptions denied; arbitration award left in place.
• Key point: The public decision does not state the underlying dispute or specific reasons for rejecting the exceptions beyond the statutory review standard.

Full text (FLRA public release)

[ v52 p1322 ]
52:1322(120)AR

The decision of the Authority follows:

52 FLRA No. 120

FEDERAL LABOR RELATIONS AUTHORITY

WASHINGTON, D.C.

_____

AMERICAN FEDERATION OF GOVERNMENT
EMPLOYEES

LOCAL 2302

(Union)

and

U.S. DEPARTMENT OF DEFENSE

ARMY AND AIR FORCE EXCHANGE SERVICE

(Agency)

0-AR-2897

_____

DECISION

March 27, 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 David L. Beckman 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 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.)