American Federation of Government Employees, Local 1858 (Union) and United States Department of the Army, United States Army Aviation and Missile Command, Redstone Arsenal, Alabama (Agency)
[ v63 p76 ]
63 FLRA No. 25
OF GOVERNMENT EMPLOYEES
DEPARTMENT OF THE ARMY
ARMY AVIATION AND MISSILE COMMAND
REDSTONE ARSENAL, ALABAMA
January 22, 2009
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 Craig L. Williams 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 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 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 purpose of the agreement as to manifest an infidelity to the obligation of the arbitrator; does not represent a plausible interpretation of the agreement; or evidences a manifest disregard of the agreement).
Accordingly, the Union's exceptions are denied.
Footnote * for 63 FLRA No. 25 - Authority's Decision
In its opposition, the Agency argued that the Union's exceptions were untimely. The Authority issued an order directing the Union to show cause why its exceptions should not be dismissed as untimely. In response, the Union submitted evidence establishing that its exceptions were timely, and the Agency withdrew its claim that the exceptions were untimely. Accordingly, there is no basis for dismissing the exceptions as untimely.