U.S. Soldiers' and Airmen's Home and American Federation of Government Employees, Local 3090 (Authority decision, March 18, 1983)

Final FLRA decision. The Authority denied exceptions to an arbitration award under 5 U.S.C. § 7122. Judicial review of an arbitration order is generally excluded by 5 U.S.C. § 7123(a)(1) unless it involves an unfair labor practice under § 7118. This decision does not address an unfair labor practice.

Plain-English summary

An arbitrator found that a Soldiers' and Airmen's Home employee's suspension and removal lacked just cause and ordered reinstatement. The agency argued that the award rested on incorrect facts. The Authority found that the agency was disputing the arbitrator's view of the evidence rather than showing a reviewable defect. It denied the exceptions, leaving reinstatement in place.

Decision snapshot

• Authority: Arbitration exception review under 5 U.S.C. § 7122(a).
• Outcome: Agency exceptions denied; reinstatement award upheld.
• Key point: Disagreement with an arbitrator's factual conclusions did not show the award was deficient.

Full text (FLRA public release)

[ v11 p692 ]
11:0692(117)AR

The decision of the Authority follows:

11 FLRA NO. 117

U.S. SOLDIERS' AND
AIRMEN'S HOME

Agency

and

AMERICAN FEDERATION OF
GOVERNMENT EMPLOYEES,
LOCAL 3090, AFL-CIO

Union

Case No. 0-AR-381

DECISION

This matter is before the Authority on exceptions to the award of Arbitrator Nicholas H. Zumas 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 Rules and Regulations. The Union filed an opposition. 1

The parties submitted to arbitration their dispute over whether the suspension and ultimate removal of the grievant, an employee in the excepted service who is not a preference eligible, was for just cause and, if not, what should be the remedy. The Arbitrator found that the suspension and removal were not for just cause and ordered the grievant reinstated.

In its exceptions the Agency contends that the award is deficient as based on nonfacts. However, the essence of the exceptions is that the Arbitrator reached the wrong factual conclusion on the basis of the [ v11 p 692] evidence and testimony presented to him. Thus, the exceptions merely constitute disagreement with the Arbitrator's reasoning and conclusions and an attempt to relitigate the merits of the case. Consequently, they provide no basis for finding the award deficient, and accordingly they are denied. Rock Island Arsenal, Rock Island, Illinois and National Association of Government Employees, Local R7-72, 7 FLRA No. 124 (1982); Supervisor of Shipbuilding, Conversion and Repair, United States Navy and Local R4-2, National Association of Government Employees (NAGE), 5 FLRA No. 29 (1981).

Issued, Washington, D.C., March 18, 1983

Ronald W. Haughton, Chairman

Henry B. Frazier III, Member

Leon B. Applewhaite, Member

FEDERAL LABOR RELATIONS AUTHORITY

[ v11 p ]

FOOTNOTES

Footnote 1 In its opposition, the Union also
contends that because the award relates to a suspension and removal, the Authority has no jurisdiction to review it. However, in this respect the only awards to which exceptions may not be filed with the Authority under section 7122(a) of the Statute are those relating to matters described in section 7121(f). This award, pertaining to the suspension and removal of an employee in the excepted service who is not a preference eligible, does not relate to any of the matters described in section 7121(f) and therefore is properly before the Authority for review. See 5 U.S.C. 7511(a)(1); Department of Defense Dependents Schools and Overseas Education Association, 10 FLRA No. 58 (1982).