Tidewater Virginia Federal Employees Metal Trades Council (Union) and U.S. Department of the Navy, Navy Public Works Center, Norfolk, Virginia (Agency) (Authority decision, September 21, 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 Arbitrator Stanley H. Sergent, Jr.'s award involving the Navy Public Works Center in Norfolk. The Authority denied the exceptions because they did not establish a permissible basis for overturning the arbitrator's procedural-arbitrability determination. That ruling independently supported the award, so the Authority did not reach the arbitrator's separate finding of substantive nonarbitrability or the union's other objections. The brief decision does not describe the underlying grievance.

Decision snapshot

• Authority: 5 U.S.C. § 7122(a); procedural arbitrability and alternative grounds.
• Outcome: Union exceptions denied.
• Key point: The procedural-arbitrability ruling supported the award without reaching substantive arbitrability.

Full text (FLRA public release)

[ v56 p663 ]

56 FLRA No. 108

TIDEWATER VIRGINIA FEDERAL EMPLOYEES

METAL TRADES COUNCIL

(Union)

and

U.S. DEPARTMENT OF THE NAVY

NAVY PUBLIC WORKS CENTER

NORFOLK, VIRGINIA

(Agency)

0-AR-3344

_____

DECISION

September 21, 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 Stanley H. Sergent, Jr. 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 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). [n1]

Accordingly, the Union's exceptions are denied.

Footnote # 1 for
56 FLRA No. 108

The Authority will uphold an award when one or more alternative holdings supporting the award exist. See, e.g., Federal
Trade Commission, Headquarters, Washington, D.C. and American Federation of Government Employees, Local 2211, 56 FLRA
464, 467 (2000). Because this award is upheld on procedural arbitrability grounds, the Authority finds it unnecessary to address
the Arbitrator's determination that the grievance was not substantively arbitrable or the Union's additional exceptions.