National Association of Government Employees, Local R3-32 (Union) and United States Department of the Air Force, 913th Airlift Wing, Willow Grove Air Reserve Station, Willow Grove, Pennsylvania (Agency)
[ v57 p624 ]
57 FLRA No. 119
NATIONAL ASSOCIATION OF GOVERNMENT
EMPLOYEES, LOCAL R3-32
UNITED STATES DEPARTMENT OF THE
AIR FORCE, 913th AIRLIFT WING
WILLOW GROVE AIR RESERVE STATION
WILLOW GROVE, PENNSYLVANIA
December 6, 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 Douglas F. Coleman 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 section 7122(a). See AFGE, Local 1668, 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).
Accordingly, the Union's exceptions are denied.
Footnote # * for 57 FLRA No. 119
*> On October 19, 2001, the Authority issued an Order directing the Agency to show cause why its opposition should be considered by the Authority because the opposition appeared to be untimely filed. The Order also noted that the Agency's opposition was deficient because it did not comply with the requirement of the Authority's Regulations that any document filed with the Authority be submitted "in an original and four (4) legible copies." 5 C.F.R. § 2429.25. The Order gave the Agency until November 2, 2001 to comply by filing a response and to correct the deficiency. The Agency has not filed a response to the Order. Therefore, the Authority will not consider the Agency's opposition because it was untimely filed and deficient.