52:0400(38)AR - - NFFE, Local 858 and Agriculture, Farm Service Agency, Kansas City, MO - - 1996 FLRAdec AR - - v52 p400



[ v52 p400 ]
52:0400(38)AR
The decision of the Authority follows:


52 FLRA No. 38

FEDERAL LABOR RELATIONS AUTHORITY

WASHINGTON, D.C.

_____

NATIONAL FEDERATION OF FEDERAL EMPLOYEES

LOCAL 858

(Union)

and

U.S. DEPARTMENT OF AGRICULTURE

FARM SERVICE AGENCY

KANSAS CITY, MISSOURI

(Agency)

0-AR-2845

_____

DECISION

October 8, 1996

_____

Before the Authority: Phyllis N. Segal, Chair; Tony Armendariz and Donald S. Wasserman, Members.

This matter is before the Authority on an exception to an award of Arbitrator Michael D. Gordon 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 Regulations. The Agency did not file an opposition to the Union's exception.

Under section 7122(a) of the Statute, an award is deficient if it is contrary to any law, rule, or regulation; or 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, the Authority concludes that the award is not deficient on any of the grounds set forth in section 7122(a).(*)

Accordingly, the Union's exception is denied.




FOOTNOTES:
(If blank, the decision does not have footnotes.)
 

*/ In this and future cases where, based on clear and well-established Authority precedent, the Authority concludes that an award is not deficient on any of the grounds set forth in section 7122(a), the Authority will, consistent with prior practice, deny exceptions in this format. See Social Security Administration, Pittsburg, Kansas and American Federation of Government Employees, AFL-CIO, Local 1336, 27 FLRA 154, 155 (1987). <