American Federation of Government Employees, Local 987 and U.S. Department of the Air Force, Robins Air Force Base, Georgia (Authority decision, May 28, 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 challenged an arbitration award involving Robins Air Force Base. The Authority found no basis to set the award aside under section 7122(a). It cited the standards for claims that an arbitrator exceeded his authority or issued an award contrary to law. The short release does not describe the underlying grievance or remedy. The union’s exceptions were denied.

Decision snapshot

• Authority: 5 U.S.C. § 7122(a).
• Outcome: Union exceptions denied; award left in place.
• Key point: The brief release finds no established excess of arbitral authority or conflict with law.

Full text (FLRA public release)

[ v55 p497 ]

55 FLRA No. 85

AMERICAN FEDERATION OF GOVERNMENT

EMPLOYEES, LOCAL 987

(Union)

and

U.S. DEPARTMENT OF THE AIR FORCE

ROBINS AIR FORCE BASE, GEORGIA

(Agency)

0-AR-3170

_____

DECISION

May 28, 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 Richard C. Maxwell 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); 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.