United States Department of Health and Human Services, Food and Drug Administration (Agency) and National Treasury Employees Union, Chapter 254 (Union)
66 FLRA No. 76
DEPARTMENT OF HEALTH
AND HUMAN SERVICES
FOOD AND DRUG ADMINISTRATION
ORDER DISMISSING EXCEPTIONS
December 21, 2011
Before the Authority: Carol Waller Pope, Chairman, and
Thomas M. Beck and Ernest DuBester, Members
This matter is before the Authority on exceptions to an award of Arbitrator Otis H. King filed by the Agency under § 7122(a) of the Federal Service Labor‑Management Relations Statute and part 2425 of the Authority’s Regulations. The Union filed an opposition to the Agency’s exceptions.
Under §§ 2425.4(c) and 2429.5 of the Authority’s Regulations, the Authority will not consider any arguments that could have been, but were not, presented to the arbitrator. U.S. DHS, U.S. CBP, 66 FLRA 335, 337-38 (2011). On careful consideration of the entire record in this case, the Authority concludes that the exceptions’ arguments could have been, but were not, presented to the Arbitrator.
Accordingly, the Agency’s exceptions are dismissed.