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56 FLRA No. 35
National Federation of Federal Employees Local 1023 and U.S. Department of the Army Army Corps of Engineers Norfolk, Virginia (Popular, Arbitrator), 0-AR-3266 (Decided April 27, 2000)
Under section 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.
Here, the Authority concluded that the award was not deficient on the grounds raised in the exceptions and set forth in section 7122(a). The Authority rejected allegations that the award was based on a nonfact. The Authority also noted that arbitration awards are not subject to review on the basis of evidence that comes into existence after the arbitration.