American Federation of Government Employees, Local 3854 (Union) and United States Department of the Air Force, Headquarters, Fourth Air Force, March Air Reserve Base, California (Agency)

[ v63 p6 ]

63 FLRA No. 4

AMERICAN FEDERATION
OF GOVERNMENT EMPLOYEES
LOCAL 3854
(Union)

and

UNITED STATES
DEPARTMENT OF THE AIR FORCE
HEADQUARTERS, FOURTH AIR FORCE
MARCH AIR RESERVE BASE, CALIFORNIA
(Agency)

0-AR-4254

_____

DECISION

October 30, 2008

_____

Before the Authority: Thomas M. Beck, Chairman and
Carol Waller Pope, Member

      This matter is before the Authority on exceptions to an award of Arbitrator Donald A. Anderson 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.

      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 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); Prof'l Airways Sys. Specialists, Dist. No. 1, MEBA/NMU (AFL-CIO), 48 FLRA 764, 768-69 (1993) (award not deficient as contrary to law where excepting party fails to establish that the award is in any manner contrary to the law, rule, or regulation on which the party relies); United States Dep't of the Air Force, Lowry Air Forc