53:1264(107)AR - - NAGE, Local R14-23 and Defense Commissary Agency, White Sands, Missile Range, NM - - 1998 FLRAdec AR - - v53 p1264
[ v53 p1264 ]
The decision of the Authority follows:
53 FLRA No. 107
FEDERAL LABOR RELATIONS AUTHORITY
NATIONAL ASSOCIATION OF GOVERNMENT EMPLOYEES
U.S. DEPARTMENT OF DEFENSE
DEFENSE COMMISSARY AGENCY
WHITE SANDS MISSILE RANGE, NEW MEXICO
January 30, 1998
Before the Authority: Phyllis N. Segal, Chair; Donald S. Wasserman and Dale Cabaniss, Members.
This matter is before the Authority on exceptions to an award of Arbitrator Howard V. Finston 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 exceptions.
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 raised in the exceptions and set forth in section 7122(a).
The Union's exceptions are denied.(*)
(If blank, the decision does not have footnotes.)
*. In view of our decision, and as the Arbitrator did not award backpay, we deny the Union's request that the award be remanded to the Arbitrator for consideration of attorney fees. See American Federation of Government Employees, Local 4015 and U.S. Department of the Navy, Norfolk Naval Shipyard, Portsmouth, Virginia, 52 FLRA 82, 83 (1996) (one of the threshold requirements for an award of attorney fees under the Back Pay Act is a grant of backpay).