American Federation of Government Employees, Local 4056 (Union) and Social Security Administration, Brunswick, Georgia (Agency)

[ v57 p947 ]

57 FLRA No. 202







July 31, 2002


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

      This matter is before the Authority on an exception to an award of Arbitrator James J. Sherman 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. [n*] 

      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 ground raised in the exception and set forth in § 7122(a). See United States Dep't of the Air Force, Lowry Air Force Base, Denver, Colo., 48 FLRA 589, 593-94 (1993) (award not deficient as based on a nonfact where excepting party either challenges a factual matter that the parties disputed at arbitration or fails to demonstrate that the central fact underlying the award is clearly erroneous, but for which a different result would have been reached by the arbitrator).

      Accordingly, the Union's exception is denied.

Footnote # * for 57 FLRA No. 202

   The opposition was not filed in accordance with the time limits set forth in the Authority's Regulations. 5 C.F.R. § 2425.1(c). Further, the reason advanced by the Agency for failing to file the opposition timely, namely, that it had not received notice of the date by which the opposition was due, does not establish extraordinary circumstances for waiving the expired time limit under 5 C.F.R. § 2429.23(b). Accordingly, the opposition has not been considered.