American Federation of Government Employees, Local 4056 and Social Security Administration, Port Richey, Florida (Goggin, Arbitrator), Case No. 0-Ar-3208 (Authority decision, September 29, 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 4056 filed an exception to an arbitration award involving SSA in Port Richey, Florida. The Authority found no deficiency on the ground raised under section 7122(a). It cited precedent requiring an excepting party to establish that an award conflicts with the law, rule, or regulation relied on. The brief decision does not describe the underlying grievance or the award’s relief. The union’s exception was denied.

Decision snapshot

• Authority: Arbitration review under 5 U.S.C. § 7122(a).
• Outcome: Union exception denied; award stands.
• Key point: The decision gives the review standard but no account of the underlying dispute.

Full text (FLRA public release)

[ v55 p891 ]

55 FLRA No. 150

AMERICAN FEDERATION OF GOVERNMENT

EMPLOYEES, LOCAL 4056

(Union)

and

SOCIAL SECURITY ADMINISTRATION

PORT RICHEY, FLORIDA

(Agency)

0-AR-3208

_____

DECISION

September 29, 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 Edward P. Goggin 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 did not file 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 ground raised in the exception and set forth in section 7122(a). See 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, rule, or regulation on which the party relies).

Accordingly, the Union's exception is denied.