United States, Department of Housing and Urban Development, Boston, Massachusetts (Agency) and American Federation of Government Employees, Local 3258 (Union) (Authority decision, April 8, 2005)

Final FLRA decision. The Authority denies an agency exception 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 brief decision does not identify an unfair labor practice claim.

Plain-English summary

HUD challenged an arbitration award involving its Boston office and AFGE Local 3258. The Authority found that HUD had not shown the award was deficient under the statutory standard for reviewing arbitration awards. Its short decision cites the rule that a claim an arbitrator exceeded authority must show a failure to resolve a submitted issue, disregard of an authority limit, or relief to someone outside the grievance. The Authority denied HUD's exception. The public decision does not state the underlying grievance, the award's remedy, or the detailed argument made by HUD.

Decision snapshot

• Authority: 5 U.S.C. § 7122(a).
• Outcome: Agency exception denied; arbitration award left in place.
• Key point: The brief order found no demonstrated defect in the award on the ground HUD raised.

Full text (FLRA public release)

[ v60
p818 ]

60 FLRA No. 154

UNITED STATES

DEPARTMENT OF HOUSING

AND URBAN DEVELOPMENT

BOSTON, MASSACHUSETTS

(Agency)

and

AMERICAN FEDERATION

OF GOVERNMENT EMPLOYEES

LOCAL 3258

(Union)

0-AR-3933

_____

DECISION

April 8, 2005

_____

Before the Authority: Dale Cabaniss, Chairman, and

Carol Waller Pope and Tony Armendariz, Members

This matter is before the Authority on an exception to an award of Arbitrator Edward R. Mitnick 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 did not file an opposition to the Agency's exception.

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 ground raised in the exception and set forth in § 7122(a). See United States Dep't of the Navy, Naval Base, Norfolk, Va., 51 FLRA 305, 307-08 (1995) (award not deficient on ground that arbitrator exceeded his authority where excepting party does not establish that arbitrator failed to resolve an issue submitted to arbitration, disregarded specific limitations on his authority, or awarded relief to persons who were not encompassed within the grievance).

Accordingly, the Agency's exception is denied.