14:0446(71)AR - Justice, Federal Prison System and AFGE, Council of Prison Locals, Local 1494 -- 1984 FLRAdec AR



[ v14 p446 ]
14:0446(71)AR
The decision of the Authority follows:


 14 FLRA No. 71
 
 U.S. DEPARTMENT OF JUSTICE,
 FEDERAL PRISON SYSTEM
 Agency
 
 and
 
 AMERICAN FEDERATION OF GOVERNMENT
 EMPLOYEES, COUNCIL OF PRISON LOCALS,
 LOCAL 1494
 Union
 
                                            Case No. O-AR-710
 
                                 DECISION
 
    This matter is before the Authority on an exception to the award of
 Arbitrator James C. Duff 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 dispute in this case concerns the separation of the grievant
 during her probationary period.  A grievance was filed and submitted to
 arbitration contesting the separation.  The Arbitrator determined that
 the grievance was arbitrable and on the merits he reinstated the
 grievant with backpay and benefits.
 
    In its exception the Agency contends that the award is contrary to
 law and regulation.  The Authority agrees.
 
    In Department of Health and Human Services, Social Security
 Administration and American Federation of Government Employees, Local
 3342, 14 FLRA No. 33 (1984), the Authority specifically held on the
 basis of the rationale and conclusion of the court in Department of
 Justice, Immigration and Naturalization Service v. Fe