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U.S. Department of the Navy, Atlantic Ordnance Command, Yorktown, Virginia and National Association of Government Employees, Local R4-1

[ v55 p1242 ]

55 FLRA No. 200

U.S. DEPARTMENT OF THE NAVY
ATLANTIC ORDNANCE COMMAND
YORKTOWN, VIRGINIA
(Agency)

and

NATIONAL ASSOCIATION OF GOVERNMENT
EMPLOYEES, |LOCAL R4-1
(Union)

0-AR-3233

_____

DECISION

January 21, 2000

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 Roger P. Kaplan filed by the Agency under section 7122(a) of the Federal Service Labor-Management Relations Statute (the Statute) and part 2425 of the Authority's Regulations. The Union filed an opposition to the Agency'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 applicable precedent, 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). See Department of the Navy, Naval Weapons Station, Yorktown, Virginia and Department of the Navy, Atlantic Ordnance Command, Yorktown, Virginia, 55 FLRA 1112 (1999) (rejecting similar claims by the Agency under virtually identical underlying facts as those involved here). Accordingly, the Agency's exceptions are denied.

      In addition, the Authority's Regulations were revised, effective December 31, 1986, to revoke those portions pertaining to the filing of requests for stays of arbitration awards (51 Fed. Reg. 45,754), and as such, the Regulations no longer provide a basis for filing stays of arbitrators' awards. See U.S. Agency for International Development and American Federation of Government Employees, Local 1534, 53 FLRA 187, 187 n.1 (1997). Thus, we deny the Agency's request for a stay of the award.