American Federation of Government Employees, Local 1867 (Union) and U.S. Department of the Air Force, United States Air Force Academy, U.S. Air Force Academy, Colorado (Agency)

[ v56 p44 ]

56 FLRA No. 5

AMERICAN FEDERATION OF GOVERNMENT
EMPLOYEES, LOCAL 1867
(Union)

and

U.S. DEPARTMENT OF THE AIR FORCE
UNITED STATES AIR FORCE ACADEMY
U.S. AIR FORCE ACADEMY, COLORADO
(Agency)

0-AR-3178

_____

DECISION

February 25, 2000

_____

Before the Authority: Donald S. Wasserman, Chairman; Phyllis N. Segal and Dale Cabaniss, Members.

I.      Statement of the Case

      This matter is before the Authority on exceptions to an award of Arbitrator Daniel F. Jennings 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 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 challenges a factual matter that the parties disputed at arbitration or fails to demonstrate that the central fact underlying the award is clearly erroneous, but for which a different result would have been reached by the arbitrator); 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 Navy, Naval Base, Norfolk, Virginia and