American Federation of Government Employees, Local 3723 and United States Department of the Navy, Marine Corps Community Services, Marine Corps Air Station Miramar, San Diego, California (Authority decision, January 31, 2011)

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 exception to the arbitrator's award.

Plain-English summary

AFGE Local 3723 challenged an arbitration award in a dispute with Marine Corps Community Services at Air Station Miramar. The Authority considered whether the award could be set aside under the federal arbitration review standard. It concluded that the union's exception did not show that the award failed to draw its essence from the collective bargaining agreement and denied the exception. The published decision gives no facts about the grievance or the award's terms.

Decision snapshot

• Authority: 5 U.S.C. §§ 7122(a) and 7123(a).
• Outcome: The Authority denied the union's exception, leaving the arbitration award in place.
• Key point: The union did not establish that the arbitrator's award lacked a plausible basis in the collective bargaining agreement.

Full text (FLRA public release)

65 FLRA No. 99

AMERICAN FEDERATION

OF GOVERNMENT EMPLOYEES

LOCAL 3723

(Union)

and

UNITED STATES

DEPARTMENT OF THE NAVY

MARINE CORPS COMMUNITY SERVICES

MARINE CORPS AIR STATION MIRAMAR

SAN DIEGO, CALIFORNIA

(Agency)

0-AR-4706

_____

DECISION

January 31, 2011

_____

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 Myron L. Joseph 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 filean 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 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 exception is denied.