National Association of Government Employees, Local R4-45 and Defense Commissary Agency, Fort Lee, Virginia (Authority decision, May 9, 1997)

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

NAGE Local R4-45 challenged an arbitration award involving the Defense Commissary Agency at Fort Lee, Virginia. The Authority reviewed the record under the standards in 5 U.S.C. § 7122(a) and found no basis to set the award aside. It denied the union's exception. The short public decision does not describe the underlying grievance, the arbitrator's ruling, or the union's specific objection.

Decision snapshot

• Authority: Arbitration review under 5 U.S.C. § 7122(a).
• Outcome: Union exception denied; arbitration award left in place.
• Key point: The public decision states no ground on which the award was deficient and supplies no underlying grievance facts.

Full text (FLRA public release)

[ v52 p1470 ]
52:1470(136)AR

The decision of the Authority follows:

52 FLRA No. 136

FEDERAL LABOR RELATIONS AUTHORITY

WASHINGTON, D.C.

_____

NATIONAL ASSOCIATION OF GOVERNMENT
EMPLOYEES

LOCAL R4-45

(Union)

and

DEFENSE COMMISSARY AGENCY

FORT LEE, VIRGINIA

(Agency)

0-AR-2931

_____

DECISION

May 9, 1997

_____

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

This matter is before the Authority on an exception to an award of Arbitrator Stanley H. Sergent 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 exception is denied.

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