American Federation of Government Employees, Local 23 (Union) and United States Department of the Navy, Naval Air Warfare Center, Lakehurst, New Jersey (Agency)

[ v62 p143 ]

62 FLRA No. 37

AMERICAN FEDERATION
OF GOVERNMENT EMPLOYEES
LOCAL 23
(Union)

and

UNITED STATES
DEPARTMENT OF THE NAVY
NAVAL AIR WARFARE CENTER
LAKEHURST, NEW JERSEY
(Agency)

0-AR-4194

_____

DECISION

August 22, 2007

_____

Before the Authority: Dale Cabaniss, Chairman and
Wayne C. Beyer and Carol Waller Pope, Members

      This matter is before the Authority on exceptions to an award of Arbitrator David Gregory filed by the Union under § 7122(a) of the Federal Service Labor-Management Relations Statute (the Statute) and 5 C.F.R. Part 2425. The Agency did not file an opposition to the Union's exceptions.

      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 Union's claims are unsupported by the record. Therefore, 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 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 not establish that arbitrator failed to resolve an issue submitted to arbitration, disregarded specific limitations on his authority, or awarded relief to persons who were not encompassed within the grievance); 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) and United States Dep't of Labor (OSHA), 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 the 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 purpo