American Federation of Government Employees, Local 987 and U.S. Department of the Air Force, Warner Robins Air Force Base (Authority decision, June 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 987 challenged an arbitration award involving Warner Robins Air Force Base. The Authority denied the union’s exceptions after reviewing the record. It cited the rule that a procedural-arbitrability determination cannot be challenged directly and the requirement to establish that an award violates the law or regulation relied on. This brief 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.
• Key point: A direct procedural-arbitrability challenge and an unproved legal conflict do not establish an award’s deficiency.

Full text (FLRA public release)

[ v55 p535 ]

55 FLRA No. 94

AMERICAN FEDERATION OF GOVERNMENT

EMPLOYEES, LOCAL 987

(Union)

and

U.S. DEPARTMENT OF THE AIR FORCE

WARNER ROBINS AIR FORCE BASE

(Agency)

0-AR-3181

_____

DECISION

June 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 Nancy Kauffman 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 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); 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.