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Bremerton Metal Trades Council, International Brotherhood of Boilermakers, Local 290 (Union) and United States Department of the Navy, Puget Sound Naval Shipyard, Intermediate Maintenance Facility (Agency)

69 FLRA No. 42   

 

BREMERTON METAL TRADES COUNCIL

INTERNATIONAL BROTHERHOOD

OF BOILERMAKERS

LOCAL 290

(Union)

 

and

 

UNITED STATES

DEPARTMENT OF THE NAVY

PUGET SOUND NAVAL SHIPYARD

INTERMEDIATE MAINTENANCE FACILITY

(Agency)

 

0‑AR‑5158

 

_____

 

DECISION

 

April 6, 2016

 

_____

 

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 Michael E. Cavanaugh 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 exception.

 

                We have determined that this case is appropriate for issuance as an expedited, abbreviated decision under § 2425.7 of the Authority’s Regulations.

 

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 ground raised in the exception and set forth in § 7122(a). 

 

                Accordingly, we deny the Union’s exception.

 

5 U.S.C. § 7122(a).

5 C.F.R. pt. 2425.

Id. § 2425.7 (“Even absent a [party’s] request, the Authority may issue expedited, abbreviated decisions in appropriate cases.”).

5 U.S.C. § 7122(a).

 

AFGE, Local 1869, 50 FLRA 172, 174 (1995) (award not deficient as being incomplete, ambiguous, or contradictory where excepting party fails to establish that implementation of the award is impossible).