Bremerton Metal Trades Council, International Brotherhood of Boilermakers, Local 290 (Union) and United States Department of the Navy, Puget Sound Naval Shipyard, Intermediate Maintenance Facility (Agency) (Authority decision, April 6, 2016)

Final FLRA decision. This is a final order of the Federal Labor Relations Authority involving an arbitral award under 5 U.S.C. § 7122. 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 the award involves an unfair labor practice.

Plain-English summary

The Bremerton Metal Trades Council and Boilermakers Local 290 challenged an arbitration award involving the Puget Sound Naval Shipyard. The union argued that the award was incomplete, ambiguous, or contradictory in a way that made implementation impossible. After reviewing the full record and governing precedent, the Authority found that the union had not established that implementation was impossible. It denied the exception and left the award in place. The expedited public release does not describe the underlying grievance, the award's terms, or the claimed ambiguity.

Decision snapshot

• Authority: 5 U.S.C. §§ 7122(a) and 7123(a)(1); 5 C.F.R. part 2425 and § 2425.7
• Outcome: The Authority denied the union's exception and left the arbitration award in place.
• Key point: An award is not deficient as incomplete or contradictory unless the challenging party shows that it cannot be implemented.

Full text (FLRA public release)

69 FLRA No. 42

BREMERTON METAL TRADES COUNCIL

INTERNATIONAL BROTHERHOOD

OF BOILERMAKERS

LOCAL 290

(Union)

and

UNITED STATES

DEPARTMENT OF THE NAVY

PUGET SOUND NAVAL SHIPYARD

INTERMEDIATE MAINTENANCE FACILITY

(Agency)

0‑AR‑5158

_____

DECISION

April 6, 2016

_____

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 Michael E. Cavanaugh 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 exception.

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

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, we conclude that the award is not deficient on the ground raised in the exception and set forth in § 7122(a).

Accordingly, we deny the Union’s exception.

5 U.S.C. § 7122(a).

5 C.F.R. pt. 2425.

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

5 U.S.C. § 7122(a).

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).