American Federation of Government Employees, Local 1858 and United States Department of the Army, Redstone Arsenal, Alabama (agency decision, February 13, 2023)

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 such an order 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

AFGE Local 1858 challenged an arbitration award involving the Army's Redstone Arsenal. The Authority issued an expedited, abbreviated decision, so the public release does not describe the underlying dispute or the Union's specific argument. After reviewing the record and its precedent, the Authority found that the Union had not shown the award was contrary to law or deficient on a ground recognized in private-sector labor relations. It denied the Union's exception and left the award in place.

Decision snapshot

• Authority: 5 U.S.C. §§ 7122(a) and 7123(a)(1); 5 C.F.R. § 2425.7
• Outcome: The Authority denied the Union's exception and left the arbitration award in place.
• Key point: An arbitration award remains in force when the excepting party does not establish a recognized ground for finding it deficient.

Full text (FLRA public release)

73 FLRA No. 85

AMERICAN FEDERATION

OF GOVERNMENT EMPLOYEES

LOCAL 1858

(Union)

and

UNITED STATES

DEPARTMENT OF THE ARMY

REDSTONE ARSENAL, ALABAMA

(Agency)

0-AR-5847

DECISION

February 13, 2023

Before the Authority: Susan Tsui Grundmann, Chairman, and Colleen Duffy Kiko, Member

This matter is before the Authority on an exception to an award of Arbitrator Trevor Bain filed 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 exception.

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 any of the grounds raised in the exception and set forth in § 7122(a).[5]

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] 5 U.S.C. § 7122.

[5] U.S. DOL (OSHA), 34 FLRA 573, 575 (1990) (award not deficient as failing to draw its essence from the parties’ collective-bargaining agreement where excepting party fails to establish that the award cannot in any rational way be derived from the agreement; is so unfounded in reason and fact and so unconnected to the wording and purposes of the agreement as to manifest an infidelity to the obligation of the arbitrator; does not represent a plausible interpretation of the agreement; or evidences a manifest disregard of the agreement).