American Federation of Government Employees, Local 53 (Union) and United States Department of the Navy, Fleet and Industrial Supply Center, Crane Detachment, Crane, Indiana (Agency) (Authority decision, March 16, 2010)

Final FLRA decision. This is a final order of the Federal Labor Relations Authority resolving an exception to an arbitral award under 5 U.S.C. § 7122. Judicial review under 5 U.S.C. § 7123(a) generally does not extend to an order involving an arbitral award unless the order involves an unfair labor practice under 5 U.S.C. § 7116. This decision does not identify an unfair labor practice claim. The Authority denied the union's exception.

Plain-English summary

AFGE Local 53 challenged an arbitration award involving the Navy's Crane Detachment in Indiana. The Authority's brief decision does not describe the underlying grievance or the award's remedy. It applied its standard for claims that an award rested on a factual error and found no basis to overturn the award. The union's exception was denied, and the award remains in place.

Decision snapshot

• Authority: 5 U.S.C. § 7122(a).
• Outcome: Union's exception denied; arbitration award left undisturbed.
• Key point: The decision identifies no decisive factual error that would warrant setting aside the award.

Full text (FLRA public release)

MEMORANDUM

64 FLRA No. 99

FEDERAL
LABOR RELATIONS AUTHORITY

WASHINGTON,
D.C.

_____

AMERICAN FEDERATION
OF GOVERNMENT EMPLOYEES

LOCAL 53

(Union)

and

UNITED STATES
DEPARTMENT OF THE NAVY

FLEET AND INDUSTRIAL SUPPLY CENTER

CRANE DETACHMENT

CRANE, INDIANA

(Agency)

0-AR-4578

_____

DECISION

March 16, 2010

_____

Before the
Authority: Carol Waller Pope, Chairman, and

Thomas M. Beck and
Ernest DuBester, Members

This matter is before the Authority on an
exception to an award of Arbitrator S. Jesse Reuben 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 did not file 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 grounds raised in the exceptions and set forth in § 7122(a). See U.S. 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 the central fact underlying the award is clearly erroneous, but for which a different result would have been reached by the arbitrator).

Accordingly, the Union’s exception is
denied.