28:0320(45)AR - AFGE VS EDUCATION
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The decision of the Authority follows:
28 FLRA NO. 45
U.S DEPARTMENT OF EDUCATION Agency and NATIONAL COUNCIL OF DEPARTMENT OF EDUCATION LOCALS, COUNCIL 252, AFGE Union Case No. 0-AR-1329
I. Statement of the Case
This matter is before the Authority on exceptions to the award of Arbitrator Thomas M. Phelan 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 grievant filed a grievance which was submitted to arbitration on the issue of whether her 1985 performance appraisal was in accordance with the agency's performance appraisal system regulation and the parties' collective bargaining agreement. The Arbitrator found that the grievant's appraisal was in accordance with the requirements of regulation and the agreement, and he consequently denied the grievance.
In its exceptions the Union contends that the award is contrary to law, the agency's performance appraisal regulation and the collective bargaining agreement. The Union also contends that the award is based on nonfacts and that the Arbitrator exceeded his authority.
We conclude that the Union has failed to establish that the Arbitrator's award is deficient on any o