American Federation of Government Employees, AFL-CIO and Social Security Administration (Authority decision, August 31, 1987)

Final FLRA decision. The Authority denies AFGE's exceptions to an arbitrator's award finding no union right to use government postage-paid envelopes for labor relations business. 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. This decision does not decide an unfair labor practice.

Plain-English summary

AFGE and the Social Security Administration arbitrated whether the union could use government postage-paid envelopes for labor relations business. The arbitrator found no such right in their national agreement or an established past practice. The union argued that the award misread the agreement and conflicted with agency guidance. The Authority held that those objections did not show the award was contrary to law or otherwise deficient, so it denied the exceptions.

Decision snapshot

• Authority: Exceptions to arbitration awards under 5 U.S.C. § 7122(a).
• Outcome: Union exceptions denied; arbitrator's award stands.
• Key point: Disagreement with the arbitrator's reading of the agreement and past practice did not establish a defect in the award.

Full text (FLRA public release)

[ v28 p790 ]
28:0790(102)AR

The decision of the Authority follows:

28 FLRA NO. 102

AMERICAN FEDERATION OF GOVERNMENT EMPLOYEES, AFL-CIO Union

and Case No. O-AR-1391

\ SOCIAL SECURITY ADMINISTRATION
Agency

DECISION

I. Statement of the Case

This matter is before the Authority on exceptions to the award of Arbitrator Arthur A. Sloane filed by the Union under section 7122(a) of the Federal Service Labor-Management Relations Statute (the Statute) and part 2425 of the Authority's Rules and Regulations.

II. Background and Arbitrator's Award

The parties submitted to arbitration a question of whether the Union had the right to use government postage-paid envelopes to conduct labor relations business. As his award, the Arbitrator ruled that the Union does not have the right to use government postage-paid envelopes to conduct labor relations business under the parties' national agreement or by an established past practice.

III. Discussion

The Union contends that the award is contrary to rules and regulations because the Union has the right to use government postage-paid envelopes under the national agreement, past practice, and the Agency personnel guide to supervisors. The Union also contends that the award does not draw its essence from the collective bargaining agreement because the Arbitrator misconstrued the agreement.

We conclude that the Union has failed to establish that the Arbitrator's award is deficient on any of the grounds set forth in section 7122(a) of the Statute; specifically, that the award is contrary to any law, rule, or regulation, or that the award is deficient on other grounds similar to those applied by Federal courts in private sector labor relations cases. See, for example, Federal Correctional Institution, Petersburg, Virginia and American Federation of Government Employees, Local 2052, Petersburg, Virginia, 13 FLRA 108 (1983) (exceptions, which merely attempt to relitigate the merits of the case before the Authority and constitute nothing more than disagreement with the arbitrator's findings of fact, his reasoning and conclusions, and his interpretation and application of the parties' agreement, provide no basis for finding the award deficient).

Accordingly, the Union's exceptions are denied.

Issued, Washington, D.C., August 31, 1987.
/s/ Jerry L. Calhoun, Chairman
/s/ Henry B. Frazier III, Member
/s/ Jean McKee, Member
FEDERAL LABOR RELATIONS AUTHORITY