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International Brotherhood of Electrical Workers, Local 734 (Union) and United States Department of the Navy, Naval Facilities Engineering, Command Mid-Atlantic Region, Norfolk, Virginia (Agency)

[ v63 p115 ]

63 FLRA No. 43

INTERNATIONAL BROTHERHOOD
OF ELECTRICAL WORKERS
LOCAL 734
(Union)

and

UNITED STATES
DEPARTMENT OF THE NAVY
NAVAL FACILITIES ENGINEERING
COMMAND MID-ATLANTIC REGION
NORFOLK, VIRGINIA
(Agency)

0-AR-4388

_____

DECISION

February 13, 2009

_____

Before the Authority: Thomas M. Beck, Chairman and
Carol Waller Pope, Member

      This matter is before the Authority on exceptions to an award of Arbitrator Jerome H. Ross 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. [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 grounds raised in the exceptions and set forth in § 7122(a). See Prof'l Airways Sys. Specialists, Dist. No. 1, MEBA/NMU (AFL-CIO), 48 FLRA 764, 768-69 (1993) (award not deficient as contrary to law where excepting party fails to establish that the award is in any manner contrary to the law, rule, or regulation on which the party relies); 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 * for 63 FLRA No. 43 - Authority's Decision

   The Agency's request for dismissal is denied. We find that the record is sufficient under § 2425.2 of the Authority's Regulations, and accordingly, we address the Union's exceptions. AFGE, Local 1156 & Laborers' Int'l Union, Local 1170, 56 FLRA 1024, 1025 n.2 (2000).