American Federation of Government, Employees, Local 987, (Union) and U.S. Department of the Air Force, Warner Robins Air Logistics Center, Robins Air Force Base, Georgia, (Agency) (Authority decision, May 12, 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

The union challenged an award by Arbitrator Martin A. Soll. The Authority denied the exceptions under its standards for a fair arbitration hearing and an award’s consistency with the contract. It concluded that the union had not established a defect under section 7122(a). The brief decision does not describe the underlying grievance or the substantive remedy.

Decision snapshot

• Authority: Statutory arbitration review for a fair hearing and contract interpretation.
• Outcome: Union exceptions denied.
• Key point: The asserted hearing and contract-interpretation defects did not establish that the award was deficient.

Full text (FLRA public release)

[ v56 p397 ]

56 FLRA No. 55

AMERICAN FEDERATION OF GOVERNMENT

EMPLOYEES, LOCAL 987

(Union)

and

U.S. DEPARTMENT OF THE AIR FORCE

WARNER ROBINS AIR LOGISTICS CENTER

ROBINS AIR FORCE BASE, GEORGIA

(Agency)

0-AR-3291

_____

DECISION

May 12, 2000

_____

Before the Authority: Donald S. Wasserman, Chairman and Dale Cabaniss, Member.

This matter is before the Authority on exceptions to an award of Arbitrator Martin A. Soll 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 American Federation of Government Employees, Local 1668 and U.S. Department of the Air Force, Elmendorf Air Force Base, Anchorage, Alaska, 50 FLRA 124, 126 (1995) (award not deficient on ground that arbitrator failed to provide a fair hearing where excepting party fails to demonstrate that the arbitrator refused to hear or consider pertinent and material evidence, or that other actions in conducting the proceeding so prejudiced a party so as to affect the fairness of the proceeding as a whole); 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.