American Federation of Government Employees Local 53 (Union) and United States Department of the Navy Navy Public Works Center Norfolk, Virginia (Agency)
63 FLRA No. 179
FEDERAL LABOR RELATIONS AUTHORITY
AMERICAN FEDERATION OF GOVERNMENT EMPLOYEES
UNITED STATES DEPARTMENT OF THE NAVY
NAVY PUBLIC WORKS CENTER
August 13, 2009
Before the Authority: Carol Waller Pope, Chairman and
Thomas M. Beck, Member
This matter is before the Authority on an exception to an award of Arbitrator
Louis Dene 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 exception.
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 exception and set forth in § 7122(a). See 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).
Accordingly, the Uni