United States Department of Justice, Federal Bureau of Prisons, Federal Correctional Complex, Tucson, Arizona (Agency) and American Federation of Government Employees, Local 3955, Council of Prisons, Local 33 (Union) (Authority decision, September 21, 2010)

Final FLRA decision. The Authority denies the agency's exception to an arbitration award. Under 5 U.S.C. § 7123(a)(1), an order involving an arbitral award is generally excluded from judicial review unless it involves an unfair labor practice under 5 U.S.C. § 7116. This decision does not identify an unfair labor practice issue.

Plain-English summary

The Federal Bureau of Prisons challenged an arbitration award involving its Tucson correctional complex and AFGE Local 3955. The Authority concluded that the agency had not shown the award failed to draw its essence from the parties' agreement. It denied the agency's exception, leaving the award in place. This short decision does not describe the grievance, the arbitrator's remedy, or the contract term in dispute.

Decision snapshot

• Authority: 5 U.S.C. § 7122(a)
• Outcome: Agency exception denied; arbitration award remains in place.
• Key point: The agency did not establish that the arbitrator's award departed from the parties' agreement under the Authority's deferential standard.

Full text (FLRA public release)

65 FLRA No. 19

FEDERAL
LABOR RELATIONS AUTHORITY

WASHINGTON,
D.C.

_____

UNITED STATES DEPARTMENT OF JUSTICE

FEDERAL BUREAU OF PRISONS

fEDERAL CORRECTIONAL COMPLEX

TUCSON, ARIZONA

(Agency)

and

AMERICAN FEDERATION OF GOVERNMENT EMPLOYEES

LOCAL 3955

COUNCIL OF PRISONS lOCAL 33

(Union)

0-AR-4670

_____

DECISION

September 21, 2010

_____

Before the
Authority: Carol Waller Pope, Chairman, and

Thomas M. Beck and
Ernest DuBester, Members

This matter is before the Authority on an exception to an award of Arbitrator John F. Wormuth 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 grounds raised in the exceptions and set forth in § 7122(a). See U.S. Dep’t of Labor (OSHA), 34 FLRA 573, 575 (1990) (award not deficient as failing to draw its essence from the parties’ collective bargaining agreement where excepting party fails to establish that the award cannot in any rational way be derived from the agreement; is so unfounded in reason and fact and so unconnected to the wording and purpose of the agreement as to manifest an infidelity to the obligation of the arbitrator; does not represent a plausible interpretation of the agreement; or evidences a manifest disregard of the agreement).

Accordingly, the Agency’s exception
is denied.