National Association of Government Employees, Local R5-82 and U.S. Department of the Navy, Naval Exchange Service Center, Jacksonville, Florida

[ v55 p647 ]

55 FLRA No. 109

NATIONAL ASSOCIATION OF GOVERNMENT
EMPLOYEES, LOCAL R5-82
(Union)

and

U.S. DEPARTMENT OF THE NAVY
NAVAL EXCHANGE SERVICE CENTER
JACKSONVILLE, FLORIDA
(Agency)

0-AR-3188

_____

DECISION

July 23, 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 Leonard E. Lindquist 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 the grounds raised in the exceptions and set forth in section 7122(a). See National Federation of Federal Employees, Local 1827 and U.S. Department of Defense, Defense Mapping Agency, Aerospace Center, St. Louis, Missouri, 52 FLRA 1378, 1385 (1997) (exception challenging an arbitrator's evaluation of the evidence and determination of the weight to be accorded such evidence provides no basis for finding an award deficient); American Federation of Government Employees, Local 1840 and U.S. Department of the Air Force, Randolph Air Force Base, San Antonio, Texas, 45 FLRA 497, 499 (1992) (award not deficient as contrary to law where excepting party fails to specify law on which the party relies); United States Department of Labor (OSHA) and National Council of Field Labor Locals, 34 FLRA 573, 575 (1990) (award not deficient as failing to draw its essence from the parties' collective bargaining agreement where excepting party fails to establish that the award cannot in any rational way be derived from the agreement; is so unfounded in reason and fac