National Association of Government Employees, Local 888 (Union) and United States Department of the Army, Army Garrison Camp Parks, Camp Parks, California (Agency) (Authority decision, May 24, 2011)

Final FLRA decision. This final Authority order denies an exception to an arbitration award under 5 U.S.C. § 7122(a). Under 5 U.S.C. § 7123(a)(1), an order involving an arbitral award is generally excluded from judicial review unless it involves an unfair labor practice under 5 U.S.C. § 7116. This decision does not identify an unfair labor practice claim.

Plain-English summary

The union at Army Garrison Camp Parks challenged an arbitration award. After reviewing the record, the Authority held that the union had not established a defect under 5 U.S.C. § 7122(a) and denied its exception. It cited the rule that a disputed fact at arbitration, or a fact not shown to be central and clearly wrong, will not overturn an award. The decision does not describe the underlying grievance, the award's remedy, or the particular fact in dispute.

Decision snapshot

• Authority: 5 U.S.C. § 7122(a).
• Outcome: Union exception denied; arbitration award left in place.
• Key point: The Authority found no sufficient factual error to set aside the award.

Full text (FLRA public release)

65 FLRA No. 174

NATIONAL ASSOCIATION

OF GOVERNMENT EMPLOYEES

LOCAL 888

(Union)

and

UNITED STATES

DEPARTMENT OF THE ARMY

ARMY GARRISON CAMP PARKS

CAMP PARKS, CALIFORNIA

(Agency)

0-AR-4735

_____

DECISION

May 24, 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 Jeffrey A. Belkin filed by the Unionunder § 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 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 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 exception is denied.