American Federation of Government Employees, Local 3854 and United States Department of the Air Force, Air Force Reserve Command, March Air Reserve Base, 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 3854 challenged an arbitration award concerning administrative leave at March Air Reserve Base. The arbitrator had relied on two independent reasons: an agency regulation did not authorize the employee's supervisor to grant the leave, and Comptroller General decisions governed unauthorized administrative leave. The union's exception addressed only the second reason. The Authority denied the exception because leaving one independent basis unchallenged was enough to sustain the award. The published decision does not give further facts about the employee's leave request.

Decision snapshot

• Authority: 5 U.S.C. §§ 7122(a) and 7123(a); 5 C.F.R. § 2425.6(e)(1).
• Outcome: The Authority denied the union's exception, leaving the arbitration award in place.
• Key point: An exception must address every independent ground that supports an arbitration award.

Full text (FLRA public release)

65 FLRA No. 94

AMERICAN FEDERATION

OF GOVERNMENT EMPLOYEES

LOCAL 3854

(Union)

and

UNITED STATES

DEPARTMENT OF THE AIR FORCE

AIR FORCE RESERVE COMMAND

MARCH AIR RESERVE BASE, CALIFORNIA

(Agency)

0-AR-4717

_____

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 Edna E. J. Francis 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 Agencyfiled an opposition to the Union’s exception.[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 exception and set forth in § 7122(a). See, e.g., U.S. Dep’t of the Treasury, IRS, Oxon Hill, Md., 56 FLRA 292, 299 (2000) (award not deficient where an arbitrator bases an award on separate and independent grounds, and the excepting party fails to establish that all of the grounds are deficient)[2]; Prof’l Airways Sys. Specialists, Dist. No. 1, MEBA/NMU (AFL-CIO), 48 FLRA 764, 768-69 (1993) (award not deficient as contrary to law where excepting party fails to establish that the award is in any manner contrary to the law, rule, or regulation on which the party relies).

Accordingly, the Union’s exception is denied.

[1]. As the Union’s arguments meet the requirements for granting review, we reject the Agency’s request to dismiss the Union’s exceptions. See 5 C.F.R. 2425.6(e)(1).

[2]. The award is based on the Arbitrator’s findings that: (1) an Agency regulation did not authorize the grievant’s supervisor to grant administrative leave; and (2) Comptroller General decisions regarding unauthorized administrative leave are controlling precedent. The Union’s exception addresses only the Arbitrator’s second finding.