American Federation of Government Employees, Local 3966 and U.S. Department of Justice, Office of the United States Attorney, Southern District of Texas, Houston, Texas

[ v55 p416 ]

55 FLRA No. 67

AMERICAN FEDERATION OF GOVERNMENT
EMPLOYEES, LOCAL 3966
(Union)

and

U.S. DEPARTMENT OF JUSTICE
OFFICE OF THE UNITED STATES ATTORNEY
SOUTHERN DISTRICT OF TEXAS
HOUSTON, TEXAS
(Agency)

0-AR-3164

_____

DECISION

April 30, 1999

_____

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 John F. Caraway 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 it 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, and Authority precedent, 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). See American Federation of Government Employees, Local 1668 and U.S. Department of the Air Force, Elmendorf Air Force Base, Anchorage, Alaska, 50 FLRA 124, 126 (1995) (award not deficient on ground that arbitrator failed to provide a fair hearing where excepting party fails to demonstrate that the arbitrator refused to hear or consider pertinent and material evidence, or that other actions in conducting the proceeding so prejudiced a party so as to affect the fairness of the proceeding as a whole); Professional Airways Systems Specialists, District No. 1, MEBA/NMU (AFL-CIO) and U.S. Department of Transportation, Federal Aviation Administration, Office of Aviation Systems Standards, Battle Creek Flight Inspection Field Office, Battle Creek, Michigan, 48 FLRA 764, 768-69 (1993) (award not deficient as contrary to law where excepting party fails to establish that the award is in any manner co