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  • United States, Environmental Protection Agency, Region 2, New York, New York (Agency) and American Federation of Government Employees, Local 3911 (Union)

United States, Environmental Protection Agency, Region 2, New York, New York (Agency) and American Federation of Government Employees, Local 3911 (Union)

[ v60 p431 ]

60 FLRA No. 84

UNITED STATES
ENVIRONMENTAL PROTECTION AGENCY REGION 2
NEW YORK, NEW YORK
(Agency)

and

AMERICAN FEDERATION
OF GOVERNMENT EMPLOYEES
LOCAL 3911
(Union)

0-AR-3891

_____

DECISION

November 19, 2004

_____

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

      This matter is before the Authority on exceptions to an award of Arbitrator Ralph S. Berger, filed by the Agency under § 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 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 United States Dep't of the Air Force, Lowry Air Force Base, Denver, Colo., 48 FLRA 589, 593-94 (1993) (award not deficient as based on a nonfact where excepting party either challenges a factual matter that the parties disputed at arbitration or fails to demonstrate that a central fact underlying the award is clearly erroneous, but for which a different result would have been reached by the arbitrator); United States Dep't of Labor (OSHA), 34 FLRA 573, 575 (1990) (award not deficient as failing to draw its essence from the parties' collective bargaining agreement where excepting party fails to establish that the award cannot in any rational way be derived from the agreement; is so unfounded in reason and fact and so unconnected to the wording and purpose of the agreement as to manifest an infidelity to the obligation of the arbitrator; does not represent a plausible interpretation of the agreement; or evidences a manifest disregard of the agreement).

      Accordingly, the Agency's exceptions are denied. [*] 

Footnote * for 60 FLRA No. 84 - Authority's Decision

   As we have denied the Agency's exceptions, we find it unnecessary to address the Union's motion to strike an affidavit that was submitted with the Agency's exceptions. See, e.g., AFGE, Council 236, 58 FLRA 582, 583 n.3 (2003).