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53:1261(105)AR - - AFGE, Local 2904 and Marines Corps Reserve Support Command, Kansas City, MO - - 1998 FLRAdec AR - - v53 p1261



[ v53 p1261 ]
53:1261(105)AR
The decision of the Authority follows:


53 FLRA No. 105

FEDERAL LABOR RELATIONS AUTHORITY

WASHINGTON, D.C.

_____

AMERICAN FEDERATION OF GOVERNMENT EMPLOYEES

LOCAL 2904

(Union)

and

MARINE CORPS RESERVE SUPPORT COMMAND

KANSAS CITY, MISSOURI

(Agency)

0-AR-2991

_____

DECISION

January 30, 1998

_____

Before the Authority: Phyllis N. Segal, Chair; Donald S. Wasserman and Dale Cabaniss, Members.

This matter is before the Authority on exceptions to an award of Arbitrator Kent Hutcheson 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 Regulations. The Agency filed an opposition to the Union's exceptions.(*)

Under section 7122(a) of the Statute, an award is deficient if it is contrary to any law, rule, or regulation; or 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, the Authority concludes that the award is not deficient on any of the grounds raised in the exceptions and set forth in section 7122(a).

Accordingly, the Union's exceptions are denied.




FOOTNOTES:
(If blank, the decision does not have footnotes.)
 

*/ The Union filed an unsolicited response to the Agency's opposition to the Union's exceptions. As the Authority's Regulations do not provide for the filing of supplemental submissions, and as the Union failed to request permission to file its submission under section 2429.26, the Authority has not considered the submission. See American Federation of Government Employees, Local 1770 and U.S. Department of the Army, Headquarters, XVIII Airborne Corps and Fort Bragg, Fort Bragg, North Carolina, 52 FLRA 1348 n.1 (1997).

The Agency filed a supplemental opposition to the Union's exceptions. However, the Agency's submission resulted from an Authority Order permitting the Agency to file a supplemental opposition to the Union's exceptions based on the fact that the Agency had not been properly served with attachments to the Union's exceptions. Accordingly, the Authority has considered the Agency's submission. See U.S. Department of the Interior, Bureau of Reclamation, Grand Coulee Project Office and Columbia Basin Trades Council, 42 FLRA 166 n.* (1991).