American Federation of Government Employees, Local 1923 and Social Security Administration, Baltimore, Maryland (Authority decision, April 30, 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 an exception to an arbitration award and does not state that it involves an unfair labor practice.

Plain-English summary

AFGE Local 1923 challenged an arbitration award involving the Social Security Administration in Baltimore. The Authority considered the union's exception under the statutory standard for setting aside an award and concluded that the award was not deficient on the ground raised. It cited its established test for whether an award fails to draw its essence from a collective bargaining agreement. The Authority denied the exception, leaving the arbitrator's award in place. This short decision does not describe the underlying grievance or the terms of the award.

Decision snapshot

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

Full text (FLRA public release)

[ v55 p413 ]

55 FLRA No. 65

AMERICAN FEDERATION OF GOVERNMENT

EMPLOYEES, LOCAL 1923

(Union)

and

SOCIAL SECURITY ADMINISTRATION

BALTIMORE, MARYLAND

(Agency)

0-AR-3159

_____

DECISION

April 30, 1999

_____

Before the Authority: Phyllis N. Segal, Chair; Donald S.
Wasserman and Dale Cabaniss, Members.

This matter is before the Authority on an exception to an award of Arbitrator Jerome T. Barrett 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 did not file an opposition to the Union's exception.

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 Authority precedent, the Authority concludes that the award is not deficient on the ground raised in the exception and set forth in section 7122(a). See 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 exception is denied.