American Federation of Government Employees, Local 53 (Union) and United States Department of the Navy, Naval Facilities Engineering Command, Mid-Atlantic, Norfolk, Virginia (Agency)

[ v63 p91 ]

63 FLRA No. 36

AMERICAN FEDERATION
OF GOVERNMENT EMPLOYEES
LOCAL 53
(Union)

and

UNITED STATES
DEPARTMENT OF THE NAVY
NAVAL FACILITIES ENGINEERING
COMMAND, MID-ATLANTIC
NORFOLK, VIRGINIA
(Agency)

0-AR-4369

_____

DECISION

January 30, 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 Bernard Wray 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 Veterans Affairs, Med. Ctr., N. Chi., Ill., 52 FLRA 387, 398 (1996) (award not deficient because of bias on the part of an arbitrator where excepting party fails to demonstrate that the award was procured by improper means, that there was partiality or corruption on the part of the arbitrator, or that the arbitrator engaged in misconduct that prejudiced the rights of the party); AFGE, Local 2921, 50 FLRA 184, 185-86 (1995) (arbitrator's determination of the procedural arbitrability of a grievance is subject to challenge only on grounds other than those that directly challenge the procedural arbitrability determination); 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 Labor (OSHA), 34 FLRA