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55 FLRA No. 204
National Association of Agriculture Employees and U.S. Department of Agriculture Animal and Plant Health Inspection Service Plant Protection and Quarantine Houston, Texas (Zembower, Arbitrator), 0-AR-3209 (Decided January 27, 2000)
The Authority noted that 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. In this case, after reviewing the entire record, the Authority concluded that the award was not deficient on the grounds raised in the exceptions and set forth in section 7122(a).
The Authority denied the exception challenging the arbitrator's evaluation of the evidence as well as the allegation that the Arbitrator failed to provide a fair hearing where excepting party fails to demonstrate that the arbitrator refused to hear or consider pertinent and material evidence, or that other actions in conducting the proceeding so prejudiced a party so as to affect the fairness of the proceeding as a whole. Also rejected was the allegations that the award was based on a nonfact.