56 FLRA No. 7

National Association of Government Employees, Local R4-45 and U.S. Dept. of Defense, Defense Commissary Agency Fort Lee, Virginia ··___··(Foster Arbitrator), 0-AR-3260 (Decided February 28)

      Under section 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.

      Noting that an arbitrator's determination of the procedural arbitrability of a grievance is subject to challenge only on grounds other than those that directly challenge the procedural arbitrability determination, the Authority concluded that the award was not deficient on the grounds raised and denied the Union's exceptions.