National Federation of Federal Employees, Local 1937, International Association of Machinists and Aerospace Workers (Union) and United States Department of Agriculture, Forest Service, Six Rivers National Forest (Agency)

[ v63 p81 ]

63 FLRA No. 28

NATIONAL FEDERATION
OF FEDERAL EMPLOYEES
LOCAL 1937
INTERNATIONAL ASSOCIATION
OF MACHINISTS
AND AEROSPACE WORKERS
(Union)

and

UNITED STATES
DEPARTMENT OF AGRICULTURE
FOREST SERVICE
SIX RIVERS NATIONAL FOREST
(Agency)

0-AR-4384

_____

DECISION

January 26, 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 Richard J. Hobin 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 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 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); United States Dep't of the Air Force, Lowry Air Force Base, Denver, Colo., 48 FLRA 589, 593-94 (1993) (award not deficient as based on a nonfact where excepting party either challenges