[ v56 p485 ]

56 FLRA No. 75

U.S. DEPARTMENT OF AGRICULTURE
FARM SERVICE AGENCY
OKLAHOMA STATE OFFICE
(Agency)

and

AMERICAN FEDERATION OF
GOVERNMENT EMPLOYEES
LOCAL 3354
(Union)

0-AR-3317

_____

DECISION

July 20, 2000

_____

Before the Authority: Donald S. Wasserman, Chairman and Dale Cabaniss, Member.

      This matter is before the Authority on an exception to an award of Arbitrator A. Dale Allen, Jr. filed by the Agency under section 7122(a) of the Federal Service Labor-Management Relations Statute (the Statute) and part 2425 of the Authority's Regulations. The Union filed an opposition to the Agency's exception.

      Under section 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 section 7122(a). See American Federation of Government Employees, Local 2921 and U.S. Department of the Army, Army & Air Force Exchange Service, Dallas, Texas, 50 FLRA 184, 185-86 (1995) (arbitrator's determination of the procedural arbitrability of a grievance is subject to challenge only on grounds other than those that directly challenge the procedural arbitrability determination).

      Accordingly, the Agency's exception is denied.

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