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    Labor Management Relations Glossary

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    Exceptions To Arbitration Awards

    A claim that an arbitration award is deficient "on . . . grounds similar to those applied by Federal courts in private sector labor-management relations," or because it violates law, rule or regulation. § 7122(a). Some of the "grounds similar to those applied by Federal courts" are: the award doesn't draw its essence from the agreement, the award is based on a nonfact, the arbitrator didn't conduct a fair hearing, or the arbitrator exceeded his authority. Exceptions involving the latter are claims that the award violates some law or regulation. FLRA's rulings on exceptions to arbitration awards are not normally subject to court review if the arbitration award doesn't involve resolution of an unfair labor practice processed under the negotiated grievance procedure. NTEU v. FLRA, 824 F.2d 61 (D.C. Cir. 1987). In 53 FLRA No. 152, the Authority said that it would remand those portions of arbitration awards "that are challenged by . . . exceptions and that fail to contain the factual findings necessary to determine whether the arbitrator's legal conclusions are consistent with the applicable standard of law." The Authority has no jurisdiction to consider exceptions to awards involving major adverse or performance-based actions. See, e.g., 55 FLRA Nos. 130 and 50. Compare with 49 FLRA No. 90 involving an award dealing with an unsatisfactory rating (but not a performance-based action).

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