53:1267(109)AR - - AFGE, Local 3599 and EEOC, Memphis District Office, Memphis TN - - 1998 FLRAdec AR - - v53 p1267
[ v53 p1267 ]
The decision of the Authority follows:
53 FLRA No. 109
FEDERAL LABOR RELATIONS AUTHORITY
AMERICAN FEDERATION OF GOVERNMENT EMPLOYEES
U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
MEMPHIS DISTRICT OFFICE
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 William S. Hart 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 filed 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).
Accordingly, the Union's exceptions are denied.
(If blank, the decision does not have footnotes.)
*/ There is a procedural question regarding timeliness of the Agency's opposition. We have not considered the opposition in reaching our decision in this case. Because we find that the Union has failed to establish that the award is deficient, we find it unnecessary to reach the question of whether the opposition was timely filed.