U.S. Department of Labor, Washington, D.C. (Agency) and American Federation of Government Employees, Local 12 (Union)
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56 FLRA No. 122
U.S. DEPARTMENT OF LABOR
AMERICAN FEDERATION OF GOVERNMENT
EMPLOYEES, LOCAL 12
September 26, 2000
Before the Authority: Donald S. Wasserman, Chairman and Dale Cabaniss, Member.
This matter is before the Authority on an exception to the award of Arbitrator Marilyn S. Ermer filed by the Agency under section 7122(a) of the Federal Service Labor-Management Relations Statute (the Statute) and part 2425 of the Authority's Regulations. The Union filed an opposition to the Agency's exception.
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 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 an award cannot in any rational way be derived from the agreement; is so unfounded in reason and fact and so unconnected to the wording and purpose of the agreement as to manifest an infidelity to the obligation of the arbitrator; does not represent a plausible interpretation of the agreement; or evidences a manifest disregard of the agreement).
Accordingly, the Agency's exception is denied.