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55 FLRA No. 48
NAGE, Local R14-143 and U.S. Dept. of the Interior, Bureau of Reclamation, Yuma Area Office, Yuma, Arizona (Russell, Arbitrator), 0-AR-3050
The Arbitrator denied a grievance that the Agency failed to fulfill its bargaining obligation. The Authority found that the Union failed to establish that the award was deficient.
Preliminarily, the Authority rejected the Agency's contention that the exceptions failed to comply with 5 C.F.R. § 2429.27. The Authority noted that it has declined to dismiss filings on the basis of minor deficiencies where the deficiencies did not impede the opposing party's ability to respond. The Authority noted that here, the Agency timely filed an opposition to the Union's exceptions demonstrating that its ability to file an opposition was unimpaired. The Authority also rejected the allegation that the award failed to draw its essence from the agreement
With regards to the allegation that the award was contrary to law, the Authority found that the Union did not advanced any argument to show why the Arbitrator's findings and conclusions regarding the Union's failure to prove a violation of the contractual duty to bargain did not encompass the statutory duty, as well.