American Federation of Government Employees, Local 3979, Council of Prison Locals (Union) and United States Department of Justice, Federal Bureau of Prisons, Federal Correctional Institution, Sheridan, Oregon (Agency) (Authority decision, May 24, 2011)

Final FLRA decision. This final Authority order denies exceptions to an arbitration award under 5 U.S.C. § 7122(a). 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 claim.

Plain-English summary

The union at Federal Correctional Institution Sheridan challenged an arbitration award. The Authority found that the union had not shown the award was deficient under 5 U.S.C. § 7122(a), and denied its exceptions. It cited standards for claims that an arbitrator exceeded authority or read a collective bargaining agreement implausibly. The brief decision does not describe the underlying grievance, the award's remedy, or the union's specific arguments.

Decision snapshot

• Authority: 5 U.S.C. § 7122(a).
• Outcome: Union exceptions denied; arbitration award left in place.
• Key point: The Authority found no demonstrated defect in the award under the grounds raised by the union.

Full text (FLRA public release)

65 FLRA No. 175

AMERICAN FEDERATION

OF GOVERNMENT EMPLOYEES

LOCAL 3979

COUNCIL OF PRISON LOCALS

(Union)

and

UNITED STATES

DEPARTMENT OF JUSTICE

FEDERAL BUREAU OF PRISONS

FEDERAL CORRECTIONAL INSTITUTION

SHERIDAN, OREGON

(Agency)

0-AR-4741

_____

DECISION

May 24, 2011

_____

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 Charles S. Loughranfiled 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 the Navy, Naval Base, Norfolk, Va., 51 FLRA 305, 307-08 (1995) (award not deficient on ground that arbitrator exceeded his or her authority where excepting party does not establish that arbitrator failed to resolve an issue submitted to arbitration, disregarded specific limitations on his authority, or awarded relief to persons who were not encompassed within the grievance); 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 Union’s exceptions are denied.