American Federation of Government Employees, Local 3599 and U.S. Equal Employment Opportunity Commission, Memphis District Office (Authority decision, January 30, 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 3599 challenged an arbitration award involving the EEOC's Memphis District Office. The Authority reviewed the union's exceptions under the statutory grounds for finding an award deficient. It found that the union had not established any of those grounds and denied the exceptions, leaving the award in place. The Authority did not consider the agency's opposition and did not decide whether that filing was timely.

Decision snapshot

• Authority: 5 U.S.C. § 7122(a).
• Outcome: Union's exceptions denied; arbitration award left in place.
• Key point: The union did not establish a statutory or similar ground for setting aside the award.

Full text (FLRA public release)

[ v53 p1267 ]
53:1267(109)AR

The decision of the Authority follows:

53 FLRA No. 109

FEDERAL LABOR RELATIONS AUTHORITY

WASHINGTON, D.C.

_____

AMERICAN FEDERATION OF GOVERNMENT
EMPLOYEES

LOCAL 3599

(Union)

and

U.S. EQUAL EMPLOYMENT OPPORTUNITY
COMMISSION

MEMPHIS DISTRICT OFFICE

MEMPHIS, TENNESSEE

(Agency)

0-AR-2998

_____

DECISION

January 30, 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 S. Hart 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 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.)

*/ There is a procedural question
regarding timeliness of the Agency's opposition. We have not considered the opposition in reaching our decision in this case. Because we find that the Union has failed to establish that the award is deficient, we find it unnecessary to reach the question of whether the opposition was timely filed.