American Federation of Government Employees, Local 1547 (Union) and United States Department of the Air Force, Luke Air Force Base, Arizona (Agency) (Authority decision, May 31, 2011)

Final FLRA decision. This final Authority order denies exceptions 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. The brief official release does not identify the underlying grievance or state that it involves an unfair labor practice.

Plain-English summary

AFGE Local 1547 challenged an arbitration award involving Luke Air Force Base. The Authority found no supported ground to set the award aside, citing its standards for procedural arbitrability, an arbitrator's authority, and conflict with law. It did not consider the union's assertion that the employee had not received notice of Merit Systems Protection Board appeal rights because that issue was not raised before the arbitrator. The Authority denied the exceptions. Its brief decision does not explain the underlying grievance, the award's remedy, or the employee's position.

Decision snapshot

• Authority: 5 U.S.C. § 7122(a); 5 C.F.R. § 2429.5
• Outcome: Union exceptions denied; arbitration award left in place.
• Key point: The Authority found no supported basis to overturn the award and did not consider an issue first raised on review.

Full text (FLRA public release)

65 FLRA No. 187

AMERICAN FEDERATION

OF GOVERNMENT EMPLOYEES

LOCAL 1547

(Union)

and

UNITED STATES

DEPARTMENT OF THE AIR FORCE

LUKE AIR FORCE BASE, ARIZONA

(Agency)

0-AR-4739

_____

DECISION

May 31, 2011

_____

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 Kelly J. Hansen 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 3615, 65 FLRA 647, 649 (2011) (exceptions that directly challenge procedural arbitrability determinations on essence grounds provide no basis for finding the award deficient); U.S. Dep’t of the Navy, Naval Base, Norfolk, Va., 51 FLRA 305, 307-08 (1995) (award not deficient on ground that arbitrator exceeded his or her authority where excepting party does not establish that arbitrator failed to resolve an issue submitted to arbitration, resolved an issue not submitted to arbitration, disregarded specific limitations on his authority, or awarded relief to persons who were not encompassed within the grievance); 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 exceptions are denied.

• Although the Union asserts that the grievant was not notified of appeal rights to the Merit Systems Protection Board, the assertion was not raised before the Arbitrator and, therefore, is not properly before the Authority under 5 C.F.R. § 2429.5.