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  • National Association of Government Employees, Local R4-45 (Union) and U.S. Department of Defense, Defense Commissary Agency, Fort Lee, Virginia (Agency)

National Association of Government Employees, Local R4-45 (Union) and U.S. Department of Defense, Defense Commissary Agency, Fort Lee, Virginia (Agency)

[ v56 p58 ]

56 FLRA No. 7

NATIONAL ASSOCIATION OF GOVERNMENT
EMPLOYEES, LOCAL R4-45
(Union)

and

U.S. DEPARTMENT OF DEFENSE
DEFENSE COMMISSARY AGENCY
FORT LEE, VIRGINIA
(Agency)

0-AR-3260

_____

DECISION

February 28, 2000

_____

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

      This matter is before the Authority on exceptions to an award of Arbitrator C. Allen Foster 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 2921 and U.S. Department of the Army, Army & Air Force Exchange Service, Dallas, Texas, 50 FLRA 184, 185-86 (1995) (arbitrator's determination of the procedural arbitrability of a grievance is subject to challenge only on grounds other than those that directly challenge the procedural arbitrability determination). [n1] 

      Accordingly, the Union's exceptions are denied.

Footnote # 1 for 56 FLRA No. 7

   Although the Union has framed its exceptions as assertions that the award fails to draw its essence from the collective bargaining agreement, both exceptions challenge the Arbitrator's findings with respect to procedural arbitrability.