American Federation of Government Employees, Local 2585, Council of Prison Locals C-33 (Union) and United States Department of Justice, Federal Bureau of Prisons, Federal Correctional Institution, Bennettsville, South Carolina (Agency) (Authority decision, March 18, 2010)

Final FLRA decision. This is a final order of the Federal Labor Relations Authority resolving exceptions to an arbitral award under 5 U.S.C. § 7122. Judicial review under 5 U.S.C. § 7123(a) generally does not extend to an order involving an arbitral award unless the order involves an unfair labor practice under 5 U.S.C. § 7116. This decision does not identify an unfair labor practice claim. The Authority denied the union's exceptions.

Plain-English summary

AFGE Local 2585 challenged an arbitration award involving the federal prison in Bennettsville, South Carolina. The Authority's short decision gives no facts about the underlying grievance or the award's remedy. It says the union did not establish arbitrator bias or that the arbitrator exceeded his authority under the standards for reviewing an award. The Authority denied the exceptions, leaving the award in place.

Decision snapshot

• Authority: 5 U.S.C. § 7122(a).
• Outcome: Union's exceptions denied; arbitration award left undisturbed.
• Key point: The published decision does not describe the underlying dispute and finds no basis to overturn the award.

Full text (FLRA public release)

XX FLRA No

64 FLRA No. 102

FEDERAL LABOR
RELATIONS AUTHORITY

WASHINGTON,
D.C.

______

AMERICAN FEDERATION
OF GOVERNMENT EMPLOYEES

LOCAL 2585

COUNCIL OF PRISON
LOCALS C-33

(Union)

and

UNITED STATES
DEPARTMENT OF JUSTICE

FEDERAL BUREAU OF
PRISONS

FEDERAL CORRECTIONAL
INSTITUTION

BENNETTSVILLE,
SOUTH CAROLINA

(Agency)

0-AR-4576

______

DECISION

March 18, 2010

______

Before the
Authority: Carol Waller Pope, Chairman, and

Thomas M. Beck and
Ernest DuBester, Members

This matter is before the Authority on exceptions to an award of Arbitrator George R. Mayer filed by the Union under § 7122(a) of the Federal Service Labor-Management Relations Statute (the Statute) and part 2425 of the Authority’s Regulations. The Agency filed an opposition to the Union’s exceptions.

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. Upon careful consideration of the entire record in this case and Authority precedent, the Authority concludes that the award is not deficient on the grounds raised in the exceptions and set forth in § 7122(a). See U.S. Dep’t of Health and Human Serv., Gallup Indian Med. Ctr., Navajo Area Indian Health Serv., 60 FLRA 202, 206 (2004) (award not deficient based on arbitrator bias where excepting party fails to establish that award was procured by improper means, that there was partiality or corruption on the part of arbitrator, or that arbitrator engaged in misconduct that prejudiced the rights of the party); AFGE, Local 1617, 51 FLRA 1645, 1647 (1996) (award not deficient on grounds that arbitrator exceeded his authority where excepting party fails to establish that arbitrator did not resolve an issue submitted to arbitration, resolved an issue not submitted to arbitration, disregarded specific limitations on his authority, or awarded relief to those not encompassed within the grievance).

Accordingly, the Union’s exceptions
are denied.