American Federation of Government Employees, Local 3887 (Union) and United States Department of Education, Office of Federal Student Aid (Agency) (Authority decision, April 30, 2015)

Final FLRA decision. This is a final order of the Federal Labor Relations Authority denying exceptions 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 abbreviated decision does not state that it involves an unfair labor practice.

Plain-English summary

The union challenged an arbitration award involving the Department of Education's Office of Federal Student Aid. The Authority used its expedited, abbreviated decision procedure and concluded that the union had not shown the award was deficient under 5 U.S.C. § 7122(a). It denied the union's exceptions. The public decision does not describe the underlying grievance or the arbitrator's findings in detail.

Decision snapshot

• Authority: 5 U.S.C. §§ 7122(a) and 7123(a); 5 C.F.R. § 2425.7
• Outcome: The Authority denied the union's exceptions to the arbitration award.
• Key point: The abbreviated release states that the exceptions did not establish a ground to set aside the award.

Full text (FLRA public release)

68 FLRA No. 90

AMERICAN FEDERATION

OF GOVERNMENT EMPLOYEES

LOCAL 3887

(Union)

and

UNITED STATES

DEPARTMENT OF EDUCATION

OFFICE OF FEDERAL STUDENT AID

(Agency)

0‑AR‑5106

_____

DECISION

April 30, 2015

_____

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

This matter is before the Authority on exceptions to an award of Arbitrator James M. Kleinfiled by the Union under § 7122(a) of the Federal Service Labor‑Management Relations Statute (the Statute)[1] and part 2425 of the Authority’s Regulations.[2] The Agency filed an opposition to the Union’s exceptions.

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

Under § 7122(a) of the Statute,[4] 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, we conclude that the award is not deficient on the grounds raised in the exceptions and set forth in § 7122(a).[5]

Accordingly, we deny the Union’s exceptions.

[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] 5 U.S.C. § 7122(a).

[5] AFGE, Council of Prison Locals, Council 33, 66 FLRA 602, 605 (2012) (where an arbitrator finds that a grievance is not procedurally arbitrable, any comments that he or she makes concerning the merits of the grievance are non-binding dicta, which do not provide a basis for finding the award deficient); U.S. Dep’t of VA, 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).