National Association of Government Employees, Local R5-188 and U.S. Department of the Air Force, Seymour Johnson Air Force Base, North Carolina (Authority decision, September 17, 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

NAGE Local R5-188 challenged an arbitration award involving Seymour Johnson Air Force Base. The Authority found that the union did not establish that the award failed to draw its essence from the collective bargaining agreement. It applied the established standards for an irrational, implausible, or otherwise defective contractual interpretation and denied the exception. The short decision does not describe the underlying grievance or remedy.

Decision snapshot

• Authority: 5 U.S.C. § 7122(a).
• Outcome: Union exception denied; award left in place.
• Key point: The contractual challenge did not establish a basis to set aside the award.

Full text (FLRA public release)

[ v55 p796 ]

55 FLRA No. 135

NATIONAL ASSOCIATION OF GOVERNMENT

EMPLOYEES, LOCAL R5-188

(Union)

and

U.S. DEPARTMENT OF THE AIR FORCE

SEYMOUR JOHNSON AIR FORCE BASE

NORTH CAROLINA

(Agency)

0-AR-3205

_____

DECISION

September 17, 1999

_____

Before the Authority: Phyllis N. Segal, Chair; Donald S.
Wasserman and Dale Cabaniss, Members.

This matter is before the Authority on an exception to an award of Arbitrator H. Ellsworth Steele 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 exception.

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 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 exception is denied.