U.S. Department of Agriculture, Farm Service Agency, Oklahoma State Office (Agency) and American Federation of Government Employees, Local 3354 (Union) (Authority decision, July 20, 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 agency challenged an award by Arbitrator A. Dale Allen, Jr., and the union opposed its exception. The Authority denied the exception under 5 U.S.C. § 7122(a). Its brief ruling cites the rule that an arbitrator’s procedural-arbitrability determination may be challenged only on grounds that do not directly contest that determination. The official decision does not describe the underlying grievance or the award’s substantive remedy.

Decision snapshot

• Authority: Review of procedural arbitrability in an arbitration award.
• Outcome: Agency exception denied.
• Key point: The published ruling rejects the exception without supplying the underlying grievance facts.

Full text (FLRA public release)

[ v56 p485 ]

56 FLRA No. 75

U.S. DEPARTMENT OF AGRICULTURE

FARM SERVICE AGENCY

OKLAHOMA STATE OFFICE

(Agency)

and

AMERICAN FEDERATION OF

GOVERNMENT EMPLOYEES

LOCAL 3354

(Union)

0-AR-3317

_____

DECISION

July 20, 2000

_____

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

This matter is before the Authority on an exception to an award of Arbitrator A. Dale Allen, Jr. filed by the Agency under section 7122(a) of the Federal Service Labor-Management Relations Statute (the Statute) and part 2425 of the Authority's Regulations. The Union filed an opposition to the Agency'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 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).

Accordingly, the Agency's exception is denied.