Bureau of Prisons Ray Brook and AFGE Council of Prison Locals (Authority decision, August 16, 1982)

Final FLRA decision. The Authority resolves exceptions to an arbitral award under 5 U.S.C. § 7122. Judicial review under 5 U.S.C. § 7123(a)(1) generally does not extend to orders involving arbitral awards unless an order involves an unfair labor practice under § 7116. This order does not decide an unfair labor practice.

Plain-English summary

An arbitrator found that the parties’ agreement excluded grievances over the separation of probationary employees and dismissed a union grievance. The union argued that the award rested on a nonfact involving the agreement and an executive order. The Authority found the challenge was disagreement with the arbitrator’s contract interpretation and denied the exception.

Decision snapshot

• Authority: 5 U.S.C. § 7122(a).
• Outcome: Union exception denied; arbitrability dismissal upheld.
• Key point: Disagreement with contract interpretation did not show a nonfact.

Full text (FLRA public release)

[ v09 p926 ]

09:0926(130)AR

The decision of the Authority follows:

9 FLRA No. 130

U.S. DEPARTMENT OF
JUSTICE, BUREAU OF
PRISONS, RAYBROOK,
NEW YORK
Activity

and

AMERICAN FEDERATION OF
GOVERNMENT EMPLOYEES,
COUNCIL OF PRISON LOCALS
Union

Case No. O-AR-287

DECISION

THIS MATTER IS BEFORE THE AUTHORITY ON AN EXCEPTION TO THE AWARD OF
ARBITRATOR DAVID C. RANDLES FILED BY THE UNION UNDER SECTION 7122(A) OF
THE FEDERAL SERVICE LABOR-MANAGEMENT RELATIONS STATUTE (THE STATUTE) AND
PART 2425 OF THE AUTHORITY'S RULES AND REGULATIONS. THE AGENCY FILED AN
OPPOSITION.

THIS MATTER CONCERNS THE SEPARATION OF THE GRIEVANT DURING HIS
PROBATIONARY PERIOD. A GRIEVANCE PROTESTING THE SEPARATION WAS FILED
AND ULTIMATELY SUBMITTED TO ARBITRATION. THE ACTIVITY CLAIMED THE
MATTER WAS NOT ARBITRABLE.

THE ARBITRATOR DETERMINED THAT THE LANGUAGE OF THE PARTIES'
COLLECTIVE BARGAINING AGREEMENT EXCLUDED FROM COVERAGE BY THE NEGOTIATED
GRIEVANCE PROCEDURE GRIEVANCES OVER THE SEPARATION OF PROBATIONARY
EMPLOYEES. ACCORDINGLY, AS HIS AWARD THE ARBITRATOR DISMISSED THE
GRIEVANCE AS NOT BEING ARBITRABLE.

IN ITS EXCEPTION THE UNION CONTENDS THAT THE AWARD IS BASED ON A
NONFACT. IN SUPPORT THE UNION PRINCIPALLY ARGUES THAT THE ARBITRATOR
MISUNDERSTOOD THE EFFECT OF EXECUTIVE ORDER NO. 11491 ON THIS CASE AND
SUCH MISUNDERSTANDING RESULTED IN THE APPLICATION OF AN ERRONEOUS RULE
OF CONTRACT CONSTRUCTION BUT FOR WHICH THE AWARD WOULD HAVE BEEN
DIFFERENT.

AS HAS BEEN NOTED, THE ARBITRATOR EXPRESSLY DETERMINED THAT THE
PARTIES' COLLECTIVE BARGAINING AGREEMENT EXCLUDED GRIEVANCES OVER THE
SEPARATION OF PROBATIONARY EMPLOYEES FROM COVERAGE BY THE NEGOTIATED
GRIEVANCE PROCEDURE. THUS, THE UNION'S EXCEPTION CONSTITUTES NOTHING
MORE THAN DISAGREEMENT WITH THE ARBITRATOR'S INTERPRETATION OF THE
PARTIES' AGREEMENT TO FIND THAT THE GRIEVANCE BEFORE HIM WAS NOT
ARBITRABLE, AND CONSEQUENTLY THE EXCEPTION PROVIDES NO BASIS FOR FINDING
THE AWARD DEFICIENT. SAN ANTONIO AIR LOGISTICS CENTER, KELLY AIR FORCE
BASE, SAN ANTONIO, TEXAS AND AMERICAN FEDERATION OF GOVERNMENT
EMPLOYEES, AFL-CIO, LOCAL 1617, 9 FLRA NO. 44(1982); U.S. DEPARTMENT OF
LABOR AND NATIONAL COUNCIL OF FIELD LABOR LOCALS, LOCAL 644, AMERICAN
FEDERATION OF GOVERNMENT EMPLOYEES, 6 FLRA NO. 61(1981). ACCORDINGLY,
THE UNION'S EXCEPTION IS DENIED.

ISSUED, WASHINGTON, D.C., AUGUST 16, 1982

RONALD W. HAUGHTON, CHAIRMAN

HENRY B. FRAZIER III, MEMBER

LEON B. APPLEWHAITE, MEMBER

FEDERAL LABOR RELATIONS AUTHORITY