American Federation of Government Employees, Local 1858 (Union) and United States Department of the Army, U.S. Army Aviation and Missile Research, Development and Engineering Center (Agency) (Authority decision, March 19, 2015)

Final FLRA decision. This is a final order of the Federal Labor Relations Authority denying an exception to an arbitral award under 5 U.S.C. § 7122(a). Judicial review under 5 U.S.C. § 7123(a) generally does not extend to an order involving an arbitral award unless the order involves an unfair labor practice under 5 U.S.C. § 7116. This decision does not state that it involves an unfair labor practice.

Plain-English summary

The union challenged an arbitration award involving the Army Aviation and Missile Research, Development and Engineering Center. It claimed that the award conflicted with law, rules, and regulations, but did not support the claim. The Authority denied the exception under its rule requiring support for review arguments. Its abbreviated decision does not describe the underlying grievance or the arbitrator's ruling.

Decision snapshot

• Authority: 5 U.S.C. § 7122(a); 5 C.F.R. §§ 2425.6(e)(1) and 2425.7
• Outcome: The Authority denied the union's unsupported exception.
• Key point: A claimed conflict with law, rule, or regulation needs supporting argument to obtain review.

Full text (FLRA public release)

68 FLRA No. 62

AMERICAN FEDERATION

OF GOVERNMENT EMPLOYEES

LOCAL 1858

(Union)

and

UNITED STATES

DEPARTMENT OF THE ARMY

U.S. ARMY AVIATION AND MISSILE RESEARCH

DEVELOPMENT AND ENGINEERING CENTER

(Agency)

0‑AR‑5103

_____

DECISION

March 19, 2015

_____

Before the Authority: Carol Waller Pope, Chairman, and Ernest DuBester and Patrick Pizzella, Members

This matter is before the Authority on an exception to an award of Arbitrator Linda S. Byars filed by the Union under § 7122(a) of the Federal Service Labor‑Management Relations Statute[1]and part 2425 of the Authority’s Regulations.[2]

We have determined that this case is appropriate for issuance as an expedited, abbreviated decision under § 2425.7 of the Authority’s Regulations.[3]

The Union argues that the award is contrary to law, rule, and regulation, but does not support that argument. Therefore, we deny the exception under § 2425.6(e)(1) of the Authority’s Regulations.[4]

Accordingly, we deny the Union’s exception.

[1] 5 U.S.C. § 7122(a).

[2] 5 C.F.R. pt. 2425.

[3] Id. § 2425.7 (“Even absent a [party’s] request, the Authority may issue expedited, abbreviated decisions in appropriate cases.”).

[4] Id. § 2425.6(e)(1); see also Fraternal Order of Police, Pentagon Police Labor Comm., 65 FLRA 781, 785 (2011) (exceptions are subject to denial under § 2425.6(e)(1) of the Authority’s Regulations if they fail to support arguments that raise recognized grounds for review).