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National Federation of Federal Employees, Local 1023 (Union) and U.S. Department of the Army, Army Corps of Engineers, Norfolk, Virginia (Agency)

[ v56 p267 ]

56 FLRA No. 35

NATIONAL FEDERATION OF FEDERAL
EMPLOYEES, LOCAL 1023
(Union)

and

U.S. DEPARTMENT OF THE ARMY
ARMY CORPS OF ENGINEERS
NORFOLK, VIRGINIA
(Agency)

0-AR-3266

_____

DECISION

April 27, 2000

_____

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

      This matter is before the Authority on exceptions to an award of Arbitrator John J. Popular 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 did not file 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 National Association of Government Employees, Local R4-45 and U.S. Department of Defense, Defense Commissary Agency, Langley Air Force Base, Langley, Virginia, 53 FLRA 517, 519 (1997) (arbitration awards are not subject to review on the basis of evidence that comes into existence after the arbitration); U.S. Department of the Air Force, Lowry Air Force Base, Denver, Colorado and National Federation of Federal Employees, Local 1497, 48 FLRA 589, 593-94 (1993) (award not deficient as based on nonfact where excepting party either challenges a factual matter that the parties disputed at arbitration or fails to demonstrate that a central fact underlying an award is clearly erroneous, but for which a different result would have been reached by the arbitrator).

      Accordingly, the Union's exceptions are denied.