U.S. Department of Labor and American Federation of Government Employees, Local 12 (Authority decision, February 27, 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 Department of Labor challenged an arbitration award involving AFGE Local 12. The Authority reviewed the agency's exceptions under the statutory grounds for setting aside an arbitration award. It concluded that the award was not deficient on any ground the agency raised and denied the exceptions. The decision does not describe the underlying grievance or the terms of the arbitrator's award.

Decision snapshot

• Authority: Arbitration review under 5 U.S.C. § 7122(a).
• Outcome: Agency exceptions denied; arbitration award left in place.
• Key point: The Authority found no statutory basis in the agency's exceptions for setting aside the award.

Full text (FLRA public release)

[ v53 p1425 ]
53:1425(128)AR

The decision of the Authority follows:

53 FLRA No. 128

FEDERAL LABOR RELATIONS AUTHORITY

WASHINGTON, D.C.

_____

U.S. DEPARTMENT OF LABOR

(Agency)

and

AMERICAN FEDERATION OF GOVERNMENT
EMPLOYEES

Local 12

(Union)

0-AR-2978

_____

DECISION

February 27, 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 Jonathan E. Kaufmann 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 filed 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:
(If blank, the decision does not
have footnotes.)