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54 FLRA No. 128

FEDERAL LABOR RELATIONS AUTHORITY WASHINGTON, D.C.

_____

AMERICAN FEDERATION OF GOVERNMENT EMPLOYEES LOCAL 2258
(Union)

and

SOCIAL SECURITY ADMINISTRATION SAN ANTONIO, TEXAS
(Agency)

0-AR-3064

_____

DECISION

November 18, 1998

_____

Before the Authority: Phyllis N. Segal, Chair; Donald S. Wasserman and Dale Cabaniss, Members.

This matter is before the Authority on an exception to an award of Arbitrator Barnett M. Goodstein filed by the Union under section 7122(a) of the Federal Service Labor-Management Relations Statute (the Statute) and part 2425 of the Authority's Regulations. The Agency did not file an opposition to the Union'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, the Authority concludes that the award is not deficient on the ground raised in the exception and set forth in section 7122(a).

Accordingly, the Union's exception is denied.

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FOOTNOTES:
(If blank, the decision does not have footnotes.)
 

*/In denying the exception, we find that, in the circumstances of this case, the Arbitrator was not required to apply Title VII of the Civil Rights Act of 1964 in determining that there was just cause for the grievant's suspension.

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