American Federation of Government Employees, Local 3448 (Union) and Social Security Administration, Region V (Agency)  

XX FLRA No

64 FLRA No. 165

FEDERAL LABOR RELATIONS AUTHORITY

WASHINGTON, D.C.

______

AMERICAN FEDERATION OF GOVERNMENT EMPLOYEES

LOCAL 3448

(Union)

and

SOCIAL SECURITY ADMINISTRATION

REGION V

(Agency)

0-AR-4590

______

DECISION

June 8, 2010

______

Before the Authority:  Carol Waller Pope, Chairman, and

Thomas M. Beck and Ernest DuBester, Members

            This matter is before the Authority on exceptions to an award of Arbitrator Elliot I. Beitner 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 NFFE, Local 1827, 52 FLRA 1378, 1385 (1997) (exception challenging an arbitrator’s evaluation of the evidence and determination of the weight to be accorded such evidence provides no basis for finding an award deficient); U.S. 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); U.