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58 FLRA No. 40
NAGE, Local R12-135 and U. S. Environmental Protection Agency, Las Vegas, Nevada (Riker, Arbitrator), 0-AR-3566 (Decided October 29, 2002)
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 concluded that the award was not deficient on the ground raised in the exception and set forth in § 7122(a). The Authority noted that an 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.