65 FLRA No. 2
FEDERAL LABOR RELATIONS AUTHORITY
AMERICAN FEDERATION OF GOVERNMENT EMPLOYEES
UNITED STATES DEPARTMENT OF DEFENSE
DEFENSE CONTRACT MANAGEMENT AGENCY
August 20, 2010
Before the Authority: Carol Waller Pope, Chairman, and
Thomas M. Beck and Ernest DuBester, Members
This matter is before the Authority on exceptions to an award of Arbitrator
Susan R. Meredith 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 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 grounds raised in the exceptions and set forth in § 7122(a). See U.S. Dep’t of Transp., Fed. Aviation Admin., Portland, Me., 64 FLRA 772, 774 (2010) (arbitrator’s determination of procedural arbitrability of a grievance is not deficient when excepting party fails to establish that the determination is contrary to procedural requirements established by statute that apply to the parties’ negotiated grievance
procedure or is deficient on grounds that do not directly challenge the procedural-arbitrability determination).
Accordingly, the Union’s exceptions are denied.