American Federation of Government Employees, Local 2580 (Union) and United States Department of Homeland Security, Immigration and Customs Enforcement, Enforcement and Removal Operations (Agency) (Authority decision, August 21, 2014)

Final FLRA decision. This decision resolves exceptions to an arbitration award under 5 U.S.C. § 7122. Section 7123(a)(1) generally excludes Authority orders involving arbitration awards from judicial review, except when an order involves an unfair labor practice under 5 U.S.C. § 7116.

Plain-English summary

AFGE Local 2580 challenged an arbitration award involving Immigration and Customs Enforcement's Enforcement and Removal Operations. The union argued that the award conflicted with law and agency-wide regulations and quoted provisions it relied on. The Authority found that the union did not explain how the award violated those provisions. It denied the exceptions in an expedited, abbreviated decision under its rule for unsupported exceptions. The official decision does not describe the underlying grievance or the award's terms.

Decision snapshot

• Authority: 5 U.S.C. §§ 7122(a) and 7123(a)(1); 5 C.F.R. §§ 2425.6(e)(1) and 2425.7
• Outcome: Union exceptions denied; arbitration award remains in place.
• Key point: Quoting a law or regulation without explaining the award's conflict with it does not support an exception.

Full text (FLRA public release)

67 FLRA No. 138

AMERICAN FEDERATION

OF GOVERNMENT EMPLOYEES

LOCAL 2580

(Union)

and

UNITED STATES

DEPARTMENT OF HOMELAND SECURITY

IMMIGRATION AND CUSTOMS ENFORCEMENT

ENFORCEMENT AND REMOVAL OPERATIONS

(Agency)

0‑AR‑5030

_____

DECISION

August 21, 2014

_____

Before the Authority: Carol Waller Pope, Chairman, and

Ernest DuBester and Patrick Pizzella, Members

This matter is before the Authority on exceptions to an award of Arbitrator Alan R. Viani filed by the Union under § 7122(a) of the Federal Service Labor‑Management Relations Statute[1] and part 2425 of the Authority’s Regulations.[2] The Agency filedan opposition to the Union’s exceptions.

We have determined that this case is appropriate for issuance as an expedited, abbreviated decision under § 2425.7 of the Authority’s Regulations.[3]

Section 2425.6(e)(1) of the Authority’s Regulations provides that an exception “may be subject to . . . denial if: [t]he excepting party fails to . . . support” it.[4]

The Union argues that the award is contrary to law and agency‑wide regulations, and provides quotations from the law and regulations upon which it relies. But the Union does not explain how the award violates the laws and regulations it quotes. Therefore, we deny the exceptions under § 2425.6(e)(1) of the Authority’s Regulations.[5]

Accordingly, we deny the Union’s exceptions.

[1] 5 U.S.C. § 7122(a).

[2] 5 C.F.R. pt. 2425.

[3] Id. § 2425.7 (“Even absent a [party’s] request, the Authority may issue expedited, abbreviated decisions in appropriate cases.”).

[4] Id. § 2425.6(e)(1); AFGE, Local 1938, 66 FLRA 741, 743 (2012) (Local 1938).

[5] 5 C.F.R. § 2425.6(e)(1); see also Fraternal Order of Police, Pentagon Police Labor Comm., 65 FLRA 781, 784 (2011) (exceptions are subject to denial under § 2425.6(e)(1) of the Authority’s Regulations if they fail to support arguments that raise recognized grounds for review).