[ v53 p1351 ]
The decision of the Authority follows:
53 FLRA No. 120
FEDERAL LABOR RELATIONS AUTHORITY
AMERICAN FEDERATION OF GOVERNMENT EMPLOYEES
SOCIAL SECURITY ADMINISTRATION
OFFICE OF HEARINGS AND APPEALS
February 26, 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 William H. Mills 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 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, 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.
(If blank, the decision does not have footnotes.)
*/ Although the Union's exceptions allege that the award is contrary to law, i.e., 5 U.S.C. § 2302, a review of the arguments reveals that the Union is essentially claiming that the Agency's actions violated Section 2302. This claim was not raised before the Arbitrator and is not properly before the Authority under 5 C.F.R. § 2429.5. See American Federation of Government Employees, Local 3295 and U.S. Department of the Treasury, Office of Thrift Supervision, Washington, D.C., 51 FLRA 27, 32 (1995).