09:0926(130)AR - Justice, Bureau of Prisons, Raybrook, NY and AFGE, Council of Prison Locals -- 1982 FLRAdec AR



[ 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