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55 FLRA No. 162
AMERICAN FEDERATION OF GOVERNMENT
EMPLOYEES, LOCAL 2951
U.S. SMALL BUSINESS ADMINISTRATION
PUERTO RICO AND VIRGIN ISLANDS DISTRICT
OFFICE, HATO REY, PUERTO RICO
September 30, 1999
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 John B. Dorsey 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, and Authority precedent, the Authority concludes that the award is not deficient on the grounds raised in the exceptions and set forth in section 7122(a). See American Federation of Government Employees, Local 1151 and U.S. Department of Veterans Affairs, 54 FLRA 20, 26-7 (1998) (award not deficient on ground that excepting party's Constitutional right to due process was violated where employee was provided notice of charges, an explanation of agency's evidence, and an opportunity to reply); U.S. Department of Veterans Affairs, Medical Center, North Chicago, Illinois and American Federation of Government Employees, Local 2107, 52 FLRA 387, 398 (1996) (award not deficient because of bias on the part of an arbitrator where excepting party fails to demonstrate that the award was procured by improper means, that there was partiality or corruption on the part of the arbitrator, or that the arbitrator engaged in misconduct that prejudiced the rights of the party); U.S. Department of the Navy, Naval Base, Norfolk, Virginia and American Federation of Government Employees, Local 22, 51 FLRA 305, 307-08 (1995) (award not deficient on ground that arbitrator exceeded his authority where excepting party does not establish that arbitrator failed to resolve an issue submitted to arbitration, disregarded specific limitations on his authority, or awarded relief to persons who were not encompassed within the grievance).
Accordingly, the Union's exceptions are denied.