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American Federation of Government Employees (Union) and United States, Department of Defense, Defense Threat Reduction Agency (Agency)

[ v61 p578 ]

61 FLRA No. 110

AMERICAN FEDERATION
OF GOVERNMENT EMPLOYEES
(Union)

and

UNITED STATES
DEPARTMENT OF DEFENSE
DEFENSE THREAT REDUCTION AGENCY
(Agency)

0-AR-4051

_____

DECISION

May 4, 2006

____

Before the Authority: Dale Cabaniss, Chairman, and Carol Waller Pope, Member

      This matter is before the Authority on exceptions to an award of Arbitrator Howard V. Finston 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 exceptions.

      Under § 7122(a) of the Statute, an award is deficient if it is contrary to 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 exceptions and set forth in § 7122(a). United States Dep't of Def. Educ. Activity, 60 FLRA 254, 255 (2004) (exception challenging a procedural arbitrability ruling itself does not demonstrate that the award is deficient).

      Accordingly, the Union's exceptions are denied.