International Association of Firefighters, Local F-25 (Union) and United States Department of the Navy, Navy Region Mid-Atlantic, Fire and Emergency Services (Agency) (Authority decision, June 4, 2010)

Final FLRA decision. This is a final order of the Federal Labor Relations Authority resolving exceptions 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 state that it involves an unfair labor practice. The Authority denied the union's exceptions.

Plain-English summary

Firefighters Local F-25 challenged an arbitration award involving Navy Mid-Atlantic Fire and Emergency Services. The Authority found no basis under the union's properly raised exceptions to set aside the award. It dismissed additional assertions about a patient care report and agency regulations because the union had not raised them before the arbitrator. The Authority also declined to consider the union's unsolicited response to the agency's opposition. The award remains in place; the short published decision does not describe its terms.

Decision snapshot

• Authority: 5 U.S.C. § 7122(a); 5 C.F.R. §§ 2429.5 and 2429.26.
• Outcome: Some arguments dismissed as newly raised; remaining union exceptions denied and award left in place.
• Key point: An exception cannot present arguments withheld from the arbitrator, and an unapproved supplemental submission is not considered.

Full text (FLRA public release)

64 FLRA No. 164

FEDERAL
LABOR RELATIONS AUTHORITY

WASHINGTON,
D.C.

_____

INTERNATIONAL ASSOCIATION OF FIREFIGHTERS

LOCAL F-25

(Union)

and

UNITED STATES DEPARTMENT OF THE NAVY

NAVY REGION AND MID-ATLANTIC FIRE AND

EMERGENCY SERVICES

(Agency)

0-AR-4622

_____

DECISION

June 4, 2010

_____

Before the
Authority: Carol Waller Pope, Chairman, and

Thomas M. Beck and
Ernest DuBester, Members

This matter is before the Authority on
exceptions to an award of Arbitrator Robert G. 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 exceptions.[1]

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).[2] 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 exceptions
are denied.

[1]
The Union filed an unsolicited response to the Agency’s opposition. As the Authority’s Regulations do not provide for the filing of supplemental submissions, and as the Union failed to request permission to file its submission under § 2429.26, we have not considered the submission. See, e.g., AFGE, Local 1061, 63 FLRA 317, 317 n.1 (2009).

[2]
To the extent that the Union asserts that the grievant was not charged with, or disciplined for, failing to correctly complete the Pre-Hospital Patient Care Report, and that the award conflicts with Agency regulations, such assertions were not raised before the Arbitrator and, therefore, are not properly before the Authority under 5 C.F.R. § 2429.5. See, e.g., AFGE, Local 1633, 64 FLRA 732, 733 (2010). Accordingly, we dismiss these exceptions.