American Federation of Government Employees, Local 1731 and U.S. Department of the Air Force, 82 MSSQ/MSCE, Sheppard Air Force Base, Texas (Authority decision, April 27, 1999)

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 1731 challenged an arbitration award involving Sheppard Air Force Base. The Authority reviewed the union's exceptions under the statutory standard for setting aside an award and found no ground for doing so. It cited its tests for an arbitrator exceeding authority, conducting an unfair hearing, and failing to draw an award from the collective bargaining agreement. The Authority denied the exceptions, leaving the award in place. The short decision does not describe the underlying grievance or the award's terms.

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 union did not show that the award met any recognized ground for being set aside.

Full text (FLRA public release)

[ v55 p369 ]

55 FLRA No. 60

AMERICAN FEDERATION OF GOVERNMENT

EMPLOYEES, LOCAL 1731

(Union)

and

U.S. DEPARTMENT OF THE AIR FORCE

82 MSSQ/MSCE

SHEPPARD AIR FORCE BASE, TEXAS

(Agency)

0-AR-3156

_____

DECISION

April 27, 1999

_____

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 Elvis C. Stephens 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, and applicable precedent, 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). See U.S. Department of the Navy, Naval Base, Norfolk, Virginia and American Federation of Government Employees, Local 22, 51 FLRA 305, 307-08 (1995) (award not deficient on ground that arbitrator exceeded his authority where excepting party fails to demonstrate that arbitrator failed to resolve an issue submitted to arbitration, disregarded specific limitations on his authority, or awarded relief to persons who were not encompassed within the grievance); American Federation of Government Employees, Local 1668 and U.S. Department of the Air Force, Elmendorf Air Force Base, Anchorage, Alaska, 50 FLRA 124, 126 (1995) (award not deficient on ground that arbitrator failed to provide a fair hearing where excepting party fails to demonstrate that the arbitrator refused to hear or consider pertinent and material evidence, or that other actions in conducting the proceeding so prejudiced a party so as to affect the fairness of the proceeding as a whole); United States Department of Labor (OSHA) and National Council of Field Labor Locals, 34 FLRA 573, 575 (1990) (award not deficient as failing to draw its essence from the parties' collective bargaining agreement where excepting party fails to establish that the award cannot in any rational way be derived from the agreement; is so unfounded in reason and fact and so unconnected to the wording and purpose of the agreement as to manifest an infidelity to the obligation of the arbitrator; does not represent a plausible interpretation of the agreement; or cannot in any rational way be derived from the agreement or evidences a manifest disregard of the agreement).

Accordingly, the Union's exceptions are denied.