National Association of Independent Labor, Local 7 (Union) and United States Department of the Air Force, Seymour Johnson Air Force Base, Goldsboro, North Carolina (Agency)
[ v63 p83 ]
63 FLRA No. 30
OF INDEPENDENT LABOR
DEPARTMENT OF THE AIR FORCE
SEYMOUR JOHNSON AIR FORCE BASE
GOLDSBORO, NORTH CAROLINA
January 27, 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 Stephens D. Owens 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); AFGE, Local 1840, 45 FLRA 497, 499 (1992) (award not deficient as contrary to law where excepting party fails to specify law on which the party relies).
Accordingly, the Union's exceptions are denied.
Footnote * for 63 FLRA No. 30 - Authority's Decision
The Agency asserts that the exceptions should be denied because the Union failed to state a "proper basis upon which exceptions may be filed[.]" Opposition at 6. We conclude that the Union's exceptions set forth sufficient grounds and arguments o