American Federation of Government Employees, Local 3911, AFL-CIO (Union) and United States, Environmental Protection Agency, Region 2 (Agency)

[ v61 p614 ]

61 FLRA No. 117

AMERICAN FEDERATION
OF GOVERNMENT EMPLOYEES
LOCAL 3911, AFL-CIO
(Union)

and

UNITED STATES
ENVIRONMENTAL PROTECTION AGENCY
REGION 2
(Agency)

0-AR-4086

_____

DECISION

June 16, 2006

_____

Before the Authority: Dale Cabaniss, Chairman and
Carol Waller Pope, Member

      This matter is before the Authority on an exception to an award of Arbitrator Stuart E. Bauchner 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 exception.

      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 ground raised in the exception and set forth in § 7122(a). United States Dep't of Labor (OSHA), 34 FLRA 573, 575 (1990) (award not deficient as failing to draw its essence from