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American Federation of Government Employees, National Council of EEOC Locals 216 (Union) and Equal Employment Opportunity Commission, Washington, D.C. (Agency)

[ v57 p442 ]

57 FLRA No. 79

AMERICAN FEDERATION OF GOVERNMENT
EMPLOYEES, NATIONAL COUNCIL OF EEOC
LOCALS 216
(Union)

and

EQUAL EMPLOYMENT OPPORTUNITY
COMMISSION, WASHINGTON, D.C.
(Agency)

0-AR-3417

_____

DECISION

July 31, 2001

_____

Before the Authority: Dale Cabaniss, Chairman; Carol Waller Pope and Tony Armendariz, Members

      This matter is before the Authority on an exception to an award of Arbitrator I. B. Helburn 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 exception 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.