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59 FLRA No. 10
AFGE, Local 2004 and U. S Dept. of Defense, Defense Logistics Agency Defense Distribution Center, Defense Distribution Depot, Susquehanna, Pennsylvania (Marshall, Arbitrator) 0-AR-3640 (Decided August 20, 2003)
Preliminarily, the Authority found that the exceptions were timely filed. With regard to the merits of the award, the Authority noted that 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. In this case, the Authoiryt concluded that the award was not deficient on the grounds raised in the exceptions and set forth in § 7122(a).
The Authority rejected the allegations that the that arbitrator exceeded his authority, that he failed to conduct a fair hearing, that it was based on a nonfact, that it failed to draw its essence from the agreement or that it was contrary to law, where there was no explanation supporting such an exception and none was apparent.