National Association of Agriculture Employees and U.S. Department of Agriculture, Animal and Plant Health Inspection Service, Plant Protection and Quarantine, Houston, Texas

[ v55 p1289 ]

55 FLRA No. 204

NATIONAL ASSOCIATION OF AGRICULTURE
EMPLOYEES
(Union)

and

U.S. DEPARTMENT OF AGRICULTURE
ANIMAL AND PLANT HEALTH INSPECTION
SERVICE., PLANT PROTECTION AND QUARANTINE, HOUSTON, TEXAS
(Agency)

0-AR-3239

_____

DECISION

January 27, 2000

_____

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 Patrick E. Zembower 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. No opposition was filed 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 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); U.S. Department of the Air Force, Lowry Air Force Base, Denver, Colorado and National Federation of Federal Employees, Local 1497, 48 FLRA 589, 593-94 (1993) (award not deficient as based on a nonfact where excepting party either