69 FLRA No. 46                                                                                                                                                                                                                 

 

NATIONAL TREASURY

EMPLOYEES UNION

CHAPTER 52

(Union)

 

and

 

UNITED STATES

DEPARTMENT OF THE TREASURY

INTERNAL REVENUE SERVICE

WAGE & INVESTMENT DIVISION

AUSTIN, TEXAS

(Agency)

 

0‑AR‑5174

 

_____

 

ORDER DISMISSING EXCEPTIONS

 

April 19, 2016

 

_____

 

Before the Authority:  Carol Waller Pope, Chairman, and

Ernest DuBester and Patrick Pizzella, Members

 

                This matter is before the Authority on exceptions to an award of Arbitrator I. B. Helburn filed by the Union under § 7122(a) of the Federal Service Labor‑Management Relations Statute and part 2425 of the Authority’s Regulations.  The Agency filed an opposition to the Union’s exceptions.

 

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

 

                Sections 2425.4(c) and 2429.5 of the Authority’s Regulations bar consideration of the Union’s exceptions.  The Union argues that the denial of attorney fees is contrary to the Back Pay Act, fails to draw its essence from the parties’ agreement, and is based on a nonfact because Article 18 of the parties’ agreement, incorporating the parties’ National Performance Awards Agreement, mandates the payment of performance awards.  The Union should have known to raise Article 18 of the parties’ agreement before the Arbitrator, but the Union has not demonstrated that it did so.  Therefore, we dismiss the exceptions.

 

Accordingly, we dismiss the Union’s exceptions.