United States, Environmental Protection Agency, Region 2, New York, New York (Agency) and American Federation of Government Employees, Local 3911 (Union) (Authority decision, November 19, 2004)

Final FLRA decision. The Authority denies the agency's exceptions to an arbitration award. Under 5 U.S.C. § 7123(a)(1), an order involving an arbitral award is generally excluded from judicial review unless it involves an unfair labor practice under 5 U.S.C. § 7116. This decision does not address an unfair labor practice.

Plain-English summary

EPA Region 2 challenged an arbitration award involving AFGE Local 3911. The Authority denied the agency's exceptions after reviewing the record and its precedent on factual errors and contract interpretation. It concluded that the agency had not shown a ground for setting aside the award under 5 U.S.C. § 7122(a). The published decision does not describe the underlying grievance or the award's terms.

Decision snapshot

• Authority: 5 U.S.C. § 7122(a).
• Outcome: Agency's exceptions denied; arbitration award left in place.
• Key point: The Authority found no proven defect in the award on the grounds raised by the agency.

Full text (FLRA public release)

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60 FLRA No. 84

UNITED STATES

ENVIRONMENTAL PROTECTION AGENCY REGION 2

NEW YORK, NEW YORK

(Agency)

and

AMERICAN FEDERATION

OF GOVERNMENT EMPLOYEES

LOCAL 3911

(Union)

0-AR-3891

_____

DECISION

November 19, 2004

_____

Before the Authority: Dale Cabaniss, Chairman, and

Carol Waller Pope and Tony Armendariz, Members

This matter is before the Authority on exceptions to an award of Arbitrator Ralph S. Berger, filed by the Agency under § 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 exceptions.

Under § 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 § 7122(a). See United States Dep't of the Air Force, Lowry Air Force Base, Denver, Colo., 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 Dep't of Labor (OSHA), 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 evidences a manifest disregard of the agreement).

Accordingly, the Agency's exceptions are denied. [*]

Footnote * for
60
FLRA No. 84

• Authority's Decision

As we have denied the Agency's exceptions, we find it unnecessary to address the Union's motion to strike an affidavit that
was submitted with the Agency's exceptions. See, e.g., AFGE, Council 236, 58 FLRA 582, 583 n.3 (2003).