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58 FLRA No. 51
AMERICAN FEDERATION OF GOVERNMENT
EMPLOYEES, NATIONAL COUNCIL OF
HUD LOCALS 222
DEPARTMENT OF HOUSING
AND URBAN DEVELOPMENT
November 29, 2002
Before the Authority: Dale Cabaniss, Chairman, and
Carol Waller Pope and Tony Armendariz, Members
This matter is before the Authority on exceptions to an award of Arbitrator Roger P. Kaplan 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 exceptions. The Union also filed a supplemental submission. [n1]
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 United States Dep't of the Navy, Navy Public Works Center, San Diego, Calif., 49 FLRA 553, 558 (1994) (in the absence of a specified standard of proof, arbitrators have the authority to establish whatever standard they consider appropriate, and the Authority will not find an award deficient because a party claims that an incorrect standard was used); 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 exceptions are denied.
Footnote # 1 for 58 FLRA No. 51 - Authority's Decision
The Union's supplemental submission requests permission to supplement the exceptions with an addendum to the settlement agreement, which was referred to in the exceptions and which, we further note, was addressed by the Arbitrator. The Agency does not oppose the request. Although the Authority's Regulations do not provide for the filing of supplemental submissions, the Authority may, pursuant to § 2429.26, grant leave to file documents as the Authority deems appropriate. See, e.g., United States Dep't of Defense, Defense Logistics Agency, Defense Distrib. Depot, Red River, Texarkana, Tex., 56 FLRA 62, 62 n.1 (2000). As both the exceptions and the award discuss the addendum, and in the absence of any opposition by the Agency, we accept the submission.