American Federation of Government Employees, Local 1858 (Union) and United States Department of the Army, U.S. Army Contracting Command-Redstone, Redstone Arsenal, Alabama (Agency)

73 FLRA No. 115

AMERICAN FEDERATION

OF GOVERNMENT EMPLOYEES

LOCAL 1858
(Union)

and

UNITED STATES

DEPARTMENT OF THE ARMY

U.S. ARMY

CONTRACTING COMMAND-REDSTONE

REDSTONE ARSENAL, ALABAMA

(Agency)

0‑AR‑5871

_____

ORDER DISMISSING EXCEPTIONS

July 6, 2023

_____

Before the Authority: Susan Tsui Grundmann, Chairman, and Colleen Duffy Kiko, Member

This matter is before the Authority on exceptions to an award of Arbitrator Kenneth Starr filed by the Union under § 7122(a) of the Federal Service Labor‑Management Relations Statute[1] and part 2425 of the Authority’s Regulations.[2] The Agency filed an opposition to the Union’s exceptions.

We have determined that this case is appropriate for issuance as an expedited, abbreviated decision under § 2425.7 of the Authority’s Regulations.[3]

The Union’s exceptions do not raise a recognized ground for review listed in § 2425.6(a)‑(c) of the Authority’s Regulations[4] and do not otherwise demonstrate a legally recognized basis for setting aside the award. Therefore, we dismiss the exceptions under § 2425.6(e)(1) of the Authority’s Regulations.[5]

[1] 5 U.S.C. § 7122(a).

[2] 5 C.F.R. pt. 2425.

[3] Id. § 2425.7 (“Even absent a [party’s] request, the Authority may issue expedited, abbreviated decisions in appropriate cases.”).

[4] Id. § 2425.6(a)-(c).

[5] Id. § 2425.6(e)(1); see also AFGE, Loc. 2272, 67 FLRA 335, 335 n.2 (2014) (exceptions are subject to dismissal under § 2425.6(e)(1) of the Authority’s Regulations if they fail to raise a recognized ground for review or, in the case of exceptions based on private-sector grounds not currently recognized by the Authority, if they provide insufficient citation to legal authority establishing the grounds upon which the party filed its exceptions) (citing AFGE, Loc. 3955, Council of Prison Locs. 33, 65 FLRA 887, 889 (2011)).