American Federation of Government Employees, Local 1122 (Union) and Social Security Administration (Agency) (Authority decision, June 29, 2010)

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

Plain-English summary

AFGE Local 1122 challenged an arbitration award in a dispute with the Social Security Administration. The agency opposed the union's exceptions. The Authority concluded that the award was not deficient under the grounds raised or under the statutory test for reviewing arbitration awards. It denied the exceptions, leaving the award in place. The published decision does not describe the underlying grievance or the arbitrator's remedy.

Decision snapshot

• Authority: 5 U.S.C. § 7122(a).
• Outcome: Union exceptions denied; arbitration award stands.
• Key point: The Authority found no basis in the union's exceptions to set aside the award.

Full text (FLRA public release)

XX FLRA No

64 FLRA No. 183

FEDERAL LABOR
RELATIONS AUTHORITY

WASHINGTON,
D.C.

______

AMERICAN
FEDERATION OF GOVERNMENT EMPLOYEES

LOCAL 1122

(Union)

and

SOCIAL SECURITY
ADMINISTRATION

(Agency)

0-AR-4635

______

DECISION

June 29, 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 James G. Merrill 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.

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 AFGE, Local 2921, 50 FLRA 184, 185-86 (1995) (arbitrator’s determination of the procedural arbitrability of a grievance is subject to challenge only on grounds other than those that directly challenge the procedural arbitrability determination); 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); U.S. 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 Union’s exceptions
are denied.