American Federation of Government Employees, Local 3627 (Union) and Social Security Administration, Office of Disability Adjudication and Review, Tampa, Florida (Agency) (Authority decision, July 11, 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 3627 challenged an arbitration award involving the Social Security Administration's disability adjudication office in Tampa. The Authority concluded that the union had not shown the award to be deficient under the grounds it raised. The decision cites standards for challenges concerning procedural arbitrability, arbitrator bias, an incomplete or contradictory award, and a fair hearing. It denied the union's exceptions, leaving the arbitration award in place. The official decision does not describe the grievance or the award's specific remedy.

Decision snapshot

• Authority: 5 U.S.C. § 7122(a)
• Outcome: Union exceptions denied; arbitration award left in place.
• Key point: The Authority found no supported ground to set aside this award, but the brief order gives no facts about the underlying grievance.

Full text (FLRA public release)

65 FLRA No. 211

AMERICAN FEDERATION

OF GOVERNMENT EMPLOYEES

LOCAL 3627

(Union)

and

SOCIAL SECURITY ADMINISTRATION

OFFICE OF DISABILITY ADJUDICATION

AND REVIEW

TAMPA, FLORIDA

(Agency)

0-AR-4752

_____

DECISION

July 11, 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 Cecile Steele 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 Veterans Affairs, Med. Ctr., N. Chi., Ill., 52 FLRA 387, 398 (1996) (award not deficient because of bias on the part of an arbitrator where excepting party fails to demonstrate that the award was procured by improper means, that there was partiality or corruption on the part of the arbitrator, or that the arbitrator engaged in misconduct that prejudiced the rights of the party); AFGE, Local 1869, 50 FLRA 172, 174 (1995) (award not deficient as being incomplete, ambiguous, or contradictory where excepting party fails to establish that implementation of the award is impossible); AFGE, Local 1668, 50 FLRA 124, 126 (1995) (award not deficient on ground that arbitrator failed to provide a fair hearing where excepting party fails to demonstrate that the arbitrator refused to hear or consider pertinent and material evidence, or that other actions in conducting the proceeding so prejudiced a party so as to affect the fairness of the proceeding as a whole).

Accordingly, the Union’s exceptions are denied.