American Federation of Government Employees, Local 1122 (Union) and Social Security Administration (Agency)

XX FLRA No

64 FLRA No. 183                                   

FEDERAL LABOR RELATIONS AUTHORITY

WASHINGTON, D.C.

______

AMERICAN FEDERATION OF GOVERNMENT EMPLOYEES

LOCAL 1122

(Union)

and

SOCIAL SECURITY ADMINISTRATION

 (Agency)

0-AR-4635

______

DECISION

June 29, 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 James G. Merrill 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 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); U.S. 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 a factual matter that the parties disputed at arbitration or fails to demonstrate that the central fact underlying the award is clearly erroneous, but for which a different result would have been reached by the arbitrator); U.S. Dep’t of Labor (OSHA)</