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56 FLRA No. 108
TIDEWATER VIRGINIA FEDERAL EMPLOYEES
METAL TRADES COUNCIL
U.S. DEPARTMENT OF THE NAVY
NAVY PUBLIC WORKS CENTER
September 21, 2000
Before the Authority: Donald S. Wasserman, Chairman and Dale Cabaniss, Member.
This matter is before the Authority on exceptions to an award of Arbitrator Stanley H. Sergent, Jr. 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. 108
The Authority will uphold an award when one or more alternative holdings supporting the award exist. See, e.g., Federal Trade Commission, Headquarters, Washington, D.C. and American Federation of Government Employees, Local 2211, 56 FLRA 464, 467 (2000). Because this award is upheld on procedural arbitrability grounds, the Authority finds it unnecessary to address the Arbitrator's determination that the grievance was not substantively arbitrable or the Union's additional exceptions.