American Federation of Government Employees, Local 3365 (Union) and U.S. Department of Agriculture, Forest Service, Boxelder Job Corps Center, Nemo, South Dakota (Agency)

[ v57 p598 ]

57 FLRA No. 114

AMERICAN FEDERATION OF GOVERNMENT
EMPLOYEES, LOCAL 3365
(Union)

and

U.S. DEPARTMENT OF AGRICULTURE
FOREST SERVICE
BOXELDER JOB CORPS CENTER
NEMO, SOUTH DAKOTA
(Agency)

0-AR-3453

_____

DECISION

November 30, 2001

_____

Before the Authority: Dale Cabaniss, Chairman, and
Carol Waller Pope and Tony Armendariz, Members

      This matter is before the Authority on exceptions to an award of Arbitrator Leonard E. Lindquist filed by the Union under § 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. [n*] 

      Under § 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 § 7122(a). See United States Dep't of the Air Force, Lowry AFB, Denver, Co., 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); United [ v57 p599 ] States Dep't of Veterans Affairs, Finance Center, Austin, Tx., 50 FLRA 73, 77-78 (1994) (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 as to effect the fairness of the proceeding as a whole); United States Dep't of the Navy, Naval Base, Norfolk, Va., 51 FLRA 305, 307-08 (1995) (award not deficient on ground that arbitrator exceeded his authority where excepting party does n