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Hawaii Federal Employees Metal Trades Council (Union) and U.S. Department of the Navy, Pearl Harbor Naval Shipyard, Intermediate Maintenance Facility, Pearl Harbor, Hawaii (Agency)

[ v56 p925 ]

56 FLRA No. 152

HAWAII FEDERAL EMPLOYEES
METAL TRADES COUNCIL
(Union)

and

U.S. DEPARTMENT OF THE NAVY
PEARL HARBOR NAVAL SHIPYARD
INTERMEDIATE MAINTENANCE FACILITY
PEARL HARBOR, HAWAII
(Agency)

0-AR-3320

_____

DECISION

October 17, 2000

_____

Before the Authority: Donald S. Wasserman, Chairman and Dale Cabaniss, Member.

      This matter is before the Authority on an exception to an award of Arbitrator Walter H. Ikeda 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 exception.

      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 ground raised in the exception and set forth in section 7122(a). See 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 exception is denied. [n1] 



Footnote # 1 for 56 FLRA No. 152

   In view of this result, we deny the Agency's request to dismiss the exception based on an asserted failure to serve the exception properly on the Agency.