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United States, Department of Defense, Defense Commissary Agency, (Agency) and National Association of Government Employees, Local R4-45 (Union)

[ v59 p490 ]

59 FLRA No. 81

UNITED STATES
DEPARTMENT OF DEFENSE
DEFENSE COMMISSARY AGENCY
(Agency)

and

NATIONAL ASSOCIATION
OF GOVERNMENT EMPLOYEES
LOCAL R4-45
(Union)

0-AR-3696

_____

DECISION

December 10, 2003

_____

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

      This matter is before the Authority on exception to an award of Arbitrator Jonas Aarons 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 did not file an opposition to the Agency's exception.

      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 exception and set forth in § 7122(a). See 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 Agency's exception is denied.

Footnote *1 for 59 FLRA No. 81 - Authority's Decision

   The Agency asserts that the award is contrary to a Federal Circuit decision concerning review of a decision of the Merit Systems Protection Board involving 5 U.S.C. § 7512. However, as this case does not involve an action covered by 5 U.S.C. § 7512, that decision does not provide a basis for finding the award contrary to law. See United States Dep't of the Air Force, Seymour Johnson Air Force Base, N.C., 56 FLRA 249, 252 (2000); United States Dep't of Justice, Immigration and Naturalization Serv., Jacksonville, Fla., 36 FLRA 928, 932 (1990).