American Federation of Government Employees, Local 3615 (Union) and Social Security Administration, Office of Hearings and Appeals, Falls Church, Virginia (Agency) (Authority decision, March 31, 2000)

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 3615 challenged an arbitration award involving the Social Security Administration’s Office of Hearings and Appeals. The Authority denied the exceptions after finding no defect on the grounds raised. It cited the principle that arbitration awards are not precedential, along with the standards for factual-error and contract-interpretation challenges. The short release does not describe the underlying grievance or the award’s remedy.

Decision snapshot

• Authority: Review of arbitration awards for statutory defects, factual error, and contract interpretation.
• Outcome: Union exceptions denied; the award stands.
• Key point: A claimed conflict with another arbitration award is not itself a ground for finding an award deficient.

Full text (FLRA public release)

[ v56 p227 ]

56 FLRA No. 27

AMERICAN FEDERATION OF GOVERNMENT

EMPLOYEES, LOCAL 3615

(Union)

and

SOCIAL SECURITY ADMINISTRATION

OFFICE OF HEARINGS AND APPEALS

FALLS CHURCH, VIRGINIA

(Agency)

0-AR-3250

_____

DECISION

March 31, 2000

_____

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

This matter is before the Authority on exceptions to an award of Arbitrator Robert E. Nagle 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 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 International Federation of Professional and Technical Engineers, Local 28, Lewis Engineers and Scientists Association and National Aeronautics and Space Administration, Lewis Research Center, Cleveland, Ohio, 50 FLRA 533, 536-37 (1995) (arbitration awards are not precedential; therefore, a contention that an award conflicts with other arbitration awards provides no basis for finding an award deficient under the Statute); U.S. Department of the Air Force, Lowry Air Force Base, Denver, Colorado and National Federation of Federal Employees, Local 1497, 48 FLRA 589, 593-94 (1993) (award not deficient as based on a nonfact where excepting party either challenges a factual matter that the parties disputed at arbitration or fails to demonstrate that a central fact underlying the award is clearly erroneous, but for which a different result would have been reached by the arbitrator); 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 exceptions are denied.