American Federation of Government Employees, Local 987 and U. S. Department of the Air Force, Warner Robins Air Logistics Center, Robins Air Force Base, Warner Robins, Georgia (Authority decision, July 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

The union at Warner Robins Air Logistics Center challenged an arbitration award. The Authority found no basis to conclude that the arbitrator exceeded his authority. It also rejected the challenge to procedural arbitrability under the rule limiting direct attacks on an arbitrator’s procedural determination. The short decision does not describe the grievance or its remedy. The union’s exceptions were denied.

Decision snapshot

• Authority: Arbitration review and procedural-arbitrability principles.
• Outcome: Union exceptions denied.
• Key point: The union did not establish a permissible basis to set aside the award.

Full text (FLRA public release)

[ v55 p653 ]

55 FLRA No. 113

AMERICAN FEDERATION OF GOVERNMENT

EMPLOYEES, LOCAL 987

(Union)

and

U.S. DEPARTMENT OF THE AIR FORCE

WARNER ROBINS AIR LOGISTICS CENTER

ROBINS AIR FORCE BASE

WARNER ROBINS, GEORGIA

(Agency)

0-AR-3169

_____

DECISION

July 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 James J. Odom, Jr. 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 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 does not establish 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 2921 and U.S. Department of the Army, Army & Air Force Exchange Service, Dallas, Texas,50 FLRA 184, 185-86 (1995) (arbitrator's determination of the procedural arbitrability of a grievance is subject to challenge only on grounds other than those that directly challenge the procedural arbitrability determination)

Accordingly, the Union's exceptions are
denied.