American Federation of Government Employees, Local 3627 and Social Security Administration, Office of Hearings and Appeals, Orlando, Florida (Authority decision, February 26, 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

AFGE Local 3627 challenged an arbitration award involving the Social Security Administration's Orlando hearings office. The Authority found no ground in the union's exceptions for setting aside the award and denied them. A claim invoking 5 U.S.C. § 2302 was not considered because it had not been raised before the arbitrator. The decision does not describe the underlying grievance or the terms of the award.

Decision snapshot

• Authority: Arbitration review under 5 U.S.C. § 7122(a); new-argument bar under 5 C.F.R. § 2429.5.
• Outcome: Union exceptions denied; arbitration award left in place.
• Key point: A claim first raised in exceptions cannot be considered if it could have been raised before the arbitrator.

Full text (FLRA public release)

[ v53 p1351 ]
53:1351(120)AR

The decision of the Authority follows:

53 FLRA No. 120

FEDERAL LABOR RELATIONS AUTHORITY

WASHINGTON, D.C.

_____

AMERICAN FEDERATION OF GOVERNMENT
EMPLOYEES

LOCAL 3627

(Union)

and

SOCIAL SECURITY ADMINISTRATION

OFFICE OF HEARINGS AND APPEALS

ORLANDO, FLORIDA

(Agency)

0-AR-2930

_____

DECISION

February 26, 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 William H. Mills 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 raised in the exceptions and set forth in section 7122(a).(*)

Accordingly, the Union's exceptions are denied.

FOOTNOTES:
(If blank, the decision does not
have footnotes.)

*/ Although the Union's exceptions
allege that the award is contrary to law, i.e., 5 U.S.C. § 2302, a review of the arguments reveals that the Union is essentially claiming that the Agency's actions violated Section 2302. This claim was not raised before the Arbitrator and is not properly before the Authority under 5 C.F.R. § 2429.5. See American Federation of Government Employees, Local 3295 and U.S. Department of the Treasury, Office of Thrift Supervision, Washington, D.C., 51 FLRA 27, 32 (1995).