American Federation of Government Employees, Local 2335 and U.S. Department of Transportation, Federal Aviation Administration, William J. Hughes Technical Center, Atlantic City, New Jersey (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 exceptions to an arbitration award and does not state that it involves an unfair labor practice.

Plain-English summary

AFGE Local 2335 challenged an arbitration award involving the Federal Aviation Administration’s William J. Hughes Technical Center. The Authority reviewed the union’s exceptions under the statutory standard for setting aside arbitration awards and denied them. It found that the union had not shown a legal defect or another recognized ground for overturning the award, including failure to draw its essence from the collective bargaining agreement. The short decision does not describe the underlying grievance or the arbitrator’s remedy.

Decision snapshot

• Authority: Arbitration review under 5 U.S.C. § 7122(a).
• Outcome: Union exceptions denied; arbitration award left in place.
• Key point: The union did not establish a recognized defect in the award.

Full text (FLRA public release)

[ v55 p419 ]

55 FLRA No. 69

AMERICAN FEDERATION OF GOVERNMENT

EMPLOYEES, LOCAL 2335

(Union)

and

U.S. DEPARTMENT OF TRANSPORTATION

FEDERAL AVIATION ADMINISTRATION

WILLIAM J. HUGHES TECHNICAL CENTER

ATLANTIC CITY, NEW JERSEY

(Agency)

0-AR-3163

_____

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 exceptions to an award of Arbitrator Charles D. Long 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). 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 exceptions are denied.