U.S. Federal Labor Relations Authority

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American Federation of Government Employees, Local 3509 (Union) and Social Security Administration, Franklin, North Carolina (Agency)

[ v56 p980 ]

56 FLRA No. 165







December 8, 2000


Before the Authority: Donald S. Wasserman, Chairman; Dale Cabaniss and Carol Waller Pope, Members.

      This matter is before the Authority on exceptions to an award of Arbitrator Eva C. Galambos 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 Prof'l Airways Systems Specialists, District No. 1, MEBA/NMU, 48 FLRA 764, 768-69 (1993) (award not deficient as contrary to law where excepting party fails to establish that the award is in any manner contrary to law, rule, or regulation on which the party relies) [n1] ; United States Dep't of Labor (OSHA), 34 FLRA 573, 575 (1990) (award not deficient as failing to draw its essence from the parties' collective bargaining agreement where excepting party fails to establish that the award cannot in any rational way be derived from the agreement; is so unfounded in reason and fact and so unconnected to the wording and purpose of the agreement as to manifest an infidelity to the obligation of the arbitrator; does not represent a plausible interpretation of the agreement; or cannot in any rational way be derived from the agreement or evidences a manifest disregard of the agreement).

      Accordingly, the Union's exceptions are denied.

Footnote # 1 for 56 FLRA No. 165

   The Union's argument that the Agency violated certain requirements of the parties' negotiated grievance procedure in imposing discipline on the grievant and in processing the grievance, even if established, would not support its claim that the award violates § 7121 of the Statute. That section provides that "any collective bargaining agreement shall provide procedures for the settlement of grievances, including questions of arbitrability." In this case, the Arbitrator upheld the Agency's decision to suspend the grievant but reduced the duration of the suspension. The Union has not shown that this award contravenes § 7121 of the Statute in any manner.