American Federation of Government Employees, Local 3966 and U.S. Department of Justice, Office of the United States Attorney, Southern District of Texas, Houston, Texas (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 3966 challenged an arbitration award involving the U.S. Attorney’s Office for the Southern District of Texas. The Authority denied the union’s exceptions, finding no demonstrated defect under the statutory standard for reviewing arbitration awards. It cited precedent on claims that an arbitrator denied a fair hearing or issued an award contrary to law, but gave no account of the underlying grievance or the award’s terms. The award therefore remains in place.

Decision snapshot

• Authority: Arbitration review under 5 U.S.C. § 7122(a).
• Outcome: Union exceptions denied; arbitration award left in place.
• Key point: The decision identifies no proven legal or hearing defect that would justify setting aside the award.

Full text (FLRA public release)

[ v55 p416 ]

55 FLRA No. 67

AMERICAN FEDERATION OF GOVERNMENT

EMPLOYEES, LOCAL 3966

(Union)

and

U.S. DEPARTMENT OF JUSTICE

OFFICE OF THE UNITED STATES ATTORNEY

SOUTHERN DISTRICT OF TEXAS

HOUSTON, TEXAS

(Agency)

0-AR-3164

_____

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 John F. Caraway 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 Authority 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 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); Professional Airways Systems Specialists, District No. 1, MEBA/NMU (AFL-CIO) and U.S. Department of Transportation, Federal Aviation Administration, Office of Aviation Systems Standards, Battle Creek Flight Inspection Field Office, Battle Creek, Michigan, 48 FLRA 764, 768-69 (1993) (award not deficient as contrary to law where excepting party fails to establish that the award is in any manner contrary to the law or regulation on which the party relies).

Accordingly, the Union's exceptions are denied.