American Federation of Government Employees, Local 3448 (Union) and Social Security Administration (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

AFGE Local 3448 challenged an arbitration award involving the Social Security Administration. The Authority concluded that the union had not shown the award to be deficient under the grounds raised. It cited precedent holding that a conflict with other arbitration awards does not establish a deficiency and explaining the demanding standard for showing that an award fails to draw its essence from a labor agreement. The Authority denied the exceptions, leaving the award in place. The short published decision does not describe the underlying grievance or the award's terms.

Decision snapshot

• Authority: 5 U.S.C. § 7122(a).
• Outcome: Union exceptions denied; arbitration award left in place.
• Key point: An alleged conflict with another arbitration award does not itself establish that this award is deficient.

Full text (FLRA public release)

XX FLRA No

64 FLRA No. 160

FEDERAL
LABOR RELATIONS AUTHORITY

WASHINGTON,
D.C.

_____

AMERICAN
FEDERATION OF GOVERNMENT EMPLOYEES

LOCAL 3448

(Union)

and

SOCIAL SECURITY
ADMINISTRATION

(Agency)

0-AR-4643

_____

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 Nancy D. Powers 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 U.S. Dep’t of Homeland Sec., U.S. Customs & Border Prot., U.S. Border Patrol, El Paso, Tex., 60 FLRA 883, 885 (2005) (Member Armendariz dissenting) (award’s alleged conflict with other arbitration awards provides no basis for finding the award deficient); 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.