27:0152(28)AR - AFGE Local 644, National Council of Field Labor Locals and DOL, Employment Standards Administration, Office of Workers' Compensation Programs, Division of Coal Mine Workers' Compensation, Charleston, WV -- 1987 FLRAdec AR



[ v27 p152 ]
27:0152(28)AR
The decision of the Authority follows:


 27 FLRA No. 28
 
 AMERICAN FEDERATION OF GOVERNMENT 
 EMPLOYEES, AFL-CIO, LOCAL 644,
 NATIONAL COUNCIL OF 
 FIELD LABOR LOCALS
 Union
 
 and
 
 U.S. DEPARTMENT OF LABOR, EMPLOYMENT 
 STANDARDS ADMINISTRATION, OFFICE OF 
 WORKERS' COMPENSATION PROGRAMS, 
 DIVISION OF COAL MINE WORKERS'
 COMPENSATION, CHARLESTON, 
 WEST VIRGINIA
 Activity
 
                                            Case No. 0-AR-1323
 
                                 DECISION
 
    I.  Statement of the Case
 
    This matter is before the Authority on exceptions to the award of
 Arbitrator Paul L. Selby, Jr., filed by the Union under section 7122(a)
 of the Federal Service Labor-Management Relations Statute and part 2425
 of the Authority Rules and Regulations.
 
    II.  Background and Arbitrator's Award
 
    The grievant filed a grievance which was submitted to arbitration
 claiming that the Activity's treatment of her in numerous respects
 violated a number of provisions of the parties' collective bargaining
 agreement.  The Arbitrator as his award dismissed the grievance finding
 that all of the grievant's claims were either untimely or unfounded.
 
    III.  Discussion
 
    The Union has filed exceptions challenging a number of the
 Arbitrator's findings of fact and conclusions.
 
    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;  that is, 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-management relations cases.  See, for example, American Federation
 of Government Employees, Local 2206 and Department of Health and Human
 Services, Social Security Administration, Southeastern Program Service
 Center, 6 FLRA 568 (1981) (exceptions which constitute disagreement with
 the arbitrator's findings of fact, and reasoning and conclusions in
 reaching the award and an attempt to relitigate the merits of the
 grievance before the Authority provide no basis for finding an award
 deficient under section 7122(a) of the Statute).  Accordingly, the
 Union's exceptions are denied.
 
    Issued, Washington, D.C., May 29, 1987.
                                       /s/ Jerry L. Calhoun, Chairman
                                       /s/ Henry