United States Department of Justice, Federal Bureau of Prisons, Federal Transfer Center, Oklahoma City, Oklahoma (Agency) and American Federation of Government Employees, Local 171, Council of Prison Locals (Union) (Authority decision, June 4, 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 state that it involves an unfair labor practice. The Authority denied the agency's exceptions.

Plain-English summary

The Bureau of Prisons challenged an arbitration award involving its Federal Transfer Center in Oklahoma City and AFGE Local 171. The Authority found that the agency had not shown the award to be deficient under the grounds raised. The decision cites standards for claims that an award conflicts with law or rests on a clearly erroneous central fact. The Authority denied the agency's exceptions, leaving the award in place. The short published text does not describe the underlying grievance or the award's terms.

Decision snapshot

• Authority: 5 U.S.C. § 7122(a).
• Outcome: Agency exceptions denied; arbitration award left in place.
• Key point: The Authority found no legal conflict or qualifying factual error on the grounds presented.

Full text (FLRA public release)

64 FLRA No. 162

FEDERAL
LABOR RELATIONS AUTHORITY

WASHINGTON,
D.C.

_____

UNITED STATES
DEPARTMENT OF JUSTICE

FEDERAL BUREAU OF
PRISONS

FEDERAL TRANSFER
CENTER

OKLAHOMA CITY,
OKLAHOMA

(Agency)

and

AMERICAN
FEDERATION OF GOVERNMENT EMPLOYEES

LOCAL 171

COUNCIL OF PRISON
LOCALS

(Union)

0-AR-4640

_____

DECISION

June 4, 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

Marsha C. Kelliher filed by the Agency under
§ 7122(a) of the Federal Service Labor-Management Relations Statute (the Statute) and part 2425 of the Authority’s Regulations. The Union filed an opposition to the Agency’s exception.

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 ground raised in the exception and set forth in § 7122(a). Prof’l Airways Sys. Specialists, Dist. No. 1, MEBA/NMU (AFL-CIO), 48 FLRA 764, 768-69 (1993) (award not deficient as contrary to law where excepting party fails to establish that the award is in any manner contrary to the law, rule, or regulation on which the party relies); U.S. Dep’t of the Air Force, Lowry Air Force Base, Denver, Colo., 48 FLRA 589, 593-94 (1993) (award not deficient as based on a nonfact where excepting party either challenges a factual matter that the parties disputed at arbitration or fails to demonstrate that the central fact underlying the award is clearly erroneous, but for which a different result would have been reached by the arbitrator).

Accordingly, the Agency’s exceptions
are denied.