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61 FLRA No. 145

AMERICAN FEDERATION
OF GOVERNMENT EMPLOYEES
LOCAL 3937
(Union)

and

SOCIAL SECURITY ADMINISTRATION
(Agency)

0-AR-4107

_____

DECISION

August 31, 2006

_____

Before the Authority: Dale Cabaniss, Chairman, and
Carol Waller Pope, Member

      This matter is before the Authority on an exception to an award of Arbitrator M. Zane Lumbley 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 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, we conclude that the award is not deficient on the grounds raised in the exception 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 when excepting party either challenges a factual matter that the parties disputed at arbitration or fails to demonstrate that the central fact underlying the award is clearly erroneous, but for which a different result would have been reached by the arbitrator).

      Accordingly, we deny the Union's exception.

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