14:0307(56)AR - Justice, INS, Western Regional Office, San Pedro, CA and National INS Council, AFGE Local 2805 -- 1984 FLRAdec AR



[ v14 p307 ]
14:0307(56)AR
The decision of the Authority follows:


 14 FLRA No. 56
 
 U.S. DEPARTMENT OF JUSTICE,
 IMMIGRATION AND NATURALIZATION
 SERVICE, WESTERN REGIONAL OFFICE,
 SAN PEDRO, CALIFORNIA
 Activity
 
 and
 
 NATIONAL IMMIGRATION AND
 NATURALIZATION SERVICE COUNCIL,
 AMERICAN FEDERATION OF GOVERNMENT
 EMPLOYEES, LOCAL 2805, AFL-CIO
 Union
                                            Case No. O-AR-368
 
                                 DECISION
 
    This matter is before the Authority on exceptions to the award of
 Arbitrator Reginald Alleyne filed by the Agency under section 7122(a) of
 the Federal Service Labor-Management Relations Statute and part 2425 of
 the Authority's Rules and Regulations.  The Union filed an opposition.
 
    The dispute in this matter concerns the termination of the grievant
 during his probationary period for unsatisfactory conduct in using
 physical force contrary to published agency instructions.  A grievance
 was filed challenging the termination on its merits.  The matter was
 submitted to arbitration on the sole issue of whether the grievance was
 grievable and arbitrable.  As his award, the Arbitrator ruled that the
 grievance was grievable and arbitrable.
 
    As one of its exceptions, the Agency essentially contends that the
 Arbitrator's award is contrary to 5 U.S.C. 332