American Federation of Government Employees, Local 1815 (Union) and United States, Department of the Army, United States Army Aviation Center and Fort Rucker, Fort Rucker, Alabama (Agency) (Authority decision, March 31, 2005)

Final FLRA decision. The Authority denies a union 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

AFGE Local 1815 challenged an arbitration award involving the Army Aviation Center and Fort Rucker. The Authority found that the union had not shown the award was contrary to a law, rule, or regulation under the statutory standard for reviewing arbitration awards. It denied the union's exception. The short public decision does not state the underlying grievance, the award's remedy, or the specific law the union invoked, so those details cannot be determined from this release.

Decision snapshot

• Authority: 5 U.S.C. § 7122(a).
• Outcome: Union exception denied; arbitration award left in place.
• Key point: The Authority found no demonstrated conflict between the award and the authority cited by the union.

Full text (FLRA public release)

[ v60
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60 FLRA No. 150

AMERICAN FEDERATION

OF GOVERNMENT EMPLOYEES

LOCAL 1815

(Union)

and

UNITED STATES

DEPARTMENT OF THE ARMY

UNITED STATES

ARMY AVIATION CENTER

AND FORT RUCKER

FORT RUCKER, ALABAMA

(Agency)

0-AR-3934

_____

DECISION

March 31, 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 Cary J. Williams filed by the Union under § 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 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 Prof'l Airways Sys. Specialists, Dist. No. 1, MEBA/NMU (AFL-CIO), 48 FLRA 764, 768-69 (1993) (award not deficient as contrary to law where excepting party fails to establish that the award is in any manner contrary to the law, rule, or regulation on which the party relies).

Accordingly, the Union's exception is denied.