American Federation of Government Employees, Local 1945 (Union) and United States Department of the Army, Anniston Army Depot, Anniston, Alabama (Agency)
67 FLRA No. 64
OF GOVERNMENT EMPLOYEES
DEPARTMENT OF THE ARMY
ANNISTON ARMY DEPOT
February 18, 2014
Before the Authority: Carol Waller Pope, Chairman, and
Ernest DuBester and Patrick Pizzella, Members
This matter is before the Authority on an exception to an award of Arbitrator George R. Shea, Jr.,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 Union requests an expedited, abbreviated decision under § 2425.7 of the Authority’s Regulations. Although the Agency filed an opposition to the Union’s exception, the Agency does not oppose the Union’s request under § 2425.7. Upon full consideration of the circumstances of this case – including the case’s complexity, potential for precedential value, and similarity to other, fully detailed decisions involving the same or similar issues – we grant the Union’s request.
As an initial matter, §§ 2425.4(c) and 2429.5 of the Authority’s Regulations bar consideration of the Union’s argument that the Arbitrator’s interpretation of “employees” in the first sentence of Article 8, Section 1 of the parties’ collective-bargaining agreement to include first-line supervisors fails to draw its essence from the agreement. Because the Agency argued in favor of this very interpretation before the Arbitrator, the Union should have known to raise any argument disputing the Agency’s interpretation before the Arbitrator. As the record does not show that the Union did so, we decline to consider this argument.
Regarding the Union’s remaining arguments, 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, we conclude that the award is not deficient on the grounds raised in the exception and set forth in § 7122(a).
Accordingly, we dismiss, in part, and deny, in part, the Union’s exception.