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59 FLRA No. 94

AMERICAN FEDERATION
OF GOVERNMENT EMPLOYEES
LOCAL 1395
(Union)

and

SOCIAL SECURITY ADMINISTRATION
(Agency)

0-AR-3755

_____

DECISION

December 31, 2003

_____

Before the Authority: Dale Cabaniss, Chairman and
Carol Waller Pope and Tony Armendariz, Members

      This case is before the Authority on exceptions to an award of Arbitrator Sinclair Kossoff 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 the grounds raised in the exceptions and set forth in § 7122(a). See AFGE, Local 1668, 50 FLRA 124, 126 (1995) (award not deficient on ground that arbitrator failed to provide a fair hearing where excepting party fails to demonstrate that arbitrator's action so prejudiced a party as to affect the fairness of the proceeding as a whole); PASS, District No. 1, MEBA/NMU (AFL-CIO), 48 FLRA 764, 768-69 (1993) (award not deficient as contrary to law where excepting party fails to establish that the award is in any manner contrary to the law, rule, or regulation on which the party relies).

      Accordingly, the Union's exceptions are denied.

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