U.S. Department of Defense, Defense Logistics Agency, Defense Distribution Depot, San Diego, California and American Federation of Government Employees, Local 1399 (Authority decision, April 28, 1998)

Final FLRA decision. This is a final order of the Federal Labor Relations Authority involving an arbitral award under 5 U.S.C. § 7122. Judicial review under 5 U.S.C. § 7123(a) generally does not extend to such an order unless the order involves an unfair labor practice under 5 U.S.C. § 7116. This decision resolves exceptions to an arbitration award and does not state that it involves an unfair labor practice.

Plain-English summary

The Defense Logistics Agency challenged an arbitration award involving its San Diego depot and AFGE Local 1399. The official decision does not describe the grievance, the award, or the agency's specific objections. After reviewing the record under 5 U.S.C. § 7122(a), the Authority found no ground to set the award aside. It denied the agency's exceptions.

Decision snapshot

• Authority: Arbitration award review under 5 U.S.C. § 7122(a).
• Outcome: Agency's exceptions denied; arbitration award left in place.
• Key point: The published order gives no details about the underlying dispute or the rejected objections.

Full text (FLRA public release)

[ v54 p69 ]
54:0069(9)AR

The decision of the Authority follows:

54 FLRA No. 9

FEDERAL LABOR RELATIONS AUTHORITY

WASHINGTON, D.C.

_____

U.S. DEPARTMENT OF DEFENSE

DEFENSE LOGISTICS AGENCY

DEFENSE DISTRIBUTION REGION WEST

DEFENSE DISTRIBUTION DEPOT

SAN DIEGO, CALIFORNIA

(Agency)

and

AMERICAN FEDERATION OF GOVERNMENT
EMPLOYEES

LOCAL 1399

(Union)

0-AR-2898

_____

DECISION

April 28, 1998

_____

Before the Authority: Phyllis N. Segal, Chair; Donald S.

Wasserman and Dale Cabaniss, Members.

This matter is before the Authority on exceptions to an award of Arbitrator Edward E. Hales filed by the Agency under section 7122(a) of the Federal Service Labor-Management Relations Statute (the Statute) and part 2425 of the Authority's Regulations. The Union did not file an opposition to the Agency'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 raised in the exceptions and set forth in section 7122(a).

Accordingly, the Agency's exceptions are denied.

FOOTNOTES:
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have footnotes.)