American Federation of Government Employees, Local 3599 and U.S. Equal Employment Opportunity Commission, Nashville, Tennessee (Authority decision, November 18, 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 Equal Employment Opportunity Commission in Nashville. The agency opposed the union's exceptions. The Authority concluded that none of the grounds the union raised made the award deficient under 5 U.S.C. § 7122(a), and it denied the exceptions. The published order does not describe the underlying grievance, remedy, or specific exceptions.

Decision snapshot

• Authority: Arbitration award review under 5 U.S.C. § 7122(a).
• Outcome: Union exceptions denied; arbitration award left in place.
• Key point: The order does not explain the grounds raised beyond finding that none justified setting the award aside.

Full text (FLRA public release)

[ v54 p1492 ]
54:1492(129)AR

The decision of the Authority follows:

54 FLRA No. 129

FEDERAL LABOR RELATIONS AUTHORITY

WASHINGTON, D.C.

_____

AMERICAN FEDERATION OF GOVERNMENT EMPLOYEES

LOCAL 3599

(Union)

and

U.S. EQUAL EMPLOYMENT
OPPORTUNITY COMMISSION

NASHVILLE, TENNESSEE

(Agency)

0-AR-3103

_____

DECISION

November 18, 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 Henry B. Welch 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.