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57 FLRA No. 170

NATIONAL ASSOCIATION OF GOVERNMENT
EMPLOYEES, LOCAL R5-190
(Union)

and

UNITED STATES DEPARTMENT OF THE NAVY
SUPERVISOR OF SHIPBUILDING, CONVERSION
AND REPAIR, NEW ORLEANS, LOUISIANA
(Agency)

0-AR-3482

_____

DECISION

May 10, 2002

_____

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 Russell C. Neas 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 PASS District No. 1, MEBA/NMU (AFL-CIO), 48 FLRA 764, 768-69 (1993) (award not deficient as contrary to regulation when excepting party fails to establish that the award is in any manner contrary to the regulation on which the party relies); 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 so 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 Union's exceptions are denied.

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