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American Federation of Government Employees, Local 738 (Union) and United States Department of the Army, Combined Arms Center, and Fort Leavenworth, Fort Leavenworth, Kansas (Agency)

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57 FLRA No. 36

AMERICAN FEDERATION OF GOVERNMENT
EMPLOYEES, LOCAL 738
(Union)

and

UNITED STATES DEPARTMENT OF
THE ARMY, COMBINED ARMS CENTER
AND FORT LEAVENWORTH
FORT LEAVENWORTH, KANSAS
(Agency)

0-AR-3405

_____

DECISION

May 9, 2001

_____

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

      This matter is before the Authority on an exception to an award of Arbitrator Lawrence C. Yehle filed by the Union under § 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 § 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 § 7122(a). See AFGE, Local 2921, 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).

      Accordingly, the Union's exception is denied.