28:0790(102)AR - AFGE and SSA -- 1987 FLRAdec AR

[ v28 p790 ]
The decision of the Authority follows:

 28 FLRA NO. 102


                            and              Case No. O-AR-1391


                        I.  Statement of the Case

   This matter is before the Authority on exceptions to the award of
Arbitrator Arthur A. Sloane filed by the Union under section 7122(a) of
the Federal Service Labor-Management Relations Statute (the Statute) and
part 2425 of the Authority's Rules and Regulations.

                 II.  Background and Arbitrator's Award

   The parties submitted to arbitration a question of whether the Union
had the right to use government postage-paid envelopes to conduct labor
relations business.  As his award, the Arbitrator ruled that the Union
does not have the right to use government postage-paid envelopes to
conduct labor relations business under the parties' national agreement
or by an established past practice.

                            III.  Discussion

   The Union contends that the award is contrary to rules and
regulations because the Union has the right to use government
postage-paid envelopes under the national agreement, past practice, and
the Agency personnel guide to supervisors.  The Union also contends that
the award does not draw its essence from the collective bargaining
agreement because the Arbitrator misconstrued the agreement.

   We conclude that the Union has failed to establish that the
Arbitrator's award is deficient on any of the grounds set forth in
section 7122(a) of the Statute;  specifically, that the award is
contrary to any law, rule, or regulation, or that the award is deficient
on other grounds similar to those applied by Federal courts in private
sector labor relations cases.  See, for example, Federal Correctional
Institution, Petersburg, Virginia and American Federation of Government
Employees, Local 2052, Petersburg, Virginia, 13 FLRA 108 (1983)
(exceptions, which merely attempt to relitigate the merits of the case
before the Authority and constitute nothing more than disagreement with
the arbitrator's findings of fact, his reasoning and conclusions, and
his interpretation and application of the parties' agreement, provide no
basis for finding the award deficient).

   Accordingly, the Union's exceptions are denied.

   Issued, Washington, D.C., August 31, 1987.
                                      /s/ Jerry L. Calhoun, Chairman
                                      /s/ Henry B. Frazier III, Member
                                      /s/ Jean McKee, Member
                                      FEDERAL LABOR RELATIONS AUTHORITY