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58 FLRA No. 40
NATIONAL ASSOCIATION OF GOVERNMENT
EMPLOYEES, LOCAL R12-135
ENVIRONMENTAL PROTECTION AGENCY
LAS VEGAS, NEVADA
October 29, 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 William E. Riker 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 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 ground raised in the exception and set forth in § 7122(a). See AFGE, Local 2921, 50 FLRA 184, 186 (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.