15:0959(178)AR - Justice, Federal Prison System and AFGE, Council of Prison Locals, Local 1741 -- 1984 FLRAdec AR



[ v15 p959 ]
15:0959(178)AR
The decision of the Authority follows:


 15 FLRA No. 178
 
 U.S. DEPARTMENT OF JUSTICE,
 FEDERAL PRISON SYSTEM
 Activity
 
 and
 
 AMERICAN FEDERATION OF GOVERNMENT
 EMPLOYEES, COUNCIL OF PRISON LOCALS,
 LOCAL 1741
 Union
 
                                            Case No. O-AR-389
 
                                 DECISION
 
    This matter is before the Authority on exceptions to the award of
 Arbitrator Sol M. Elkin 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 parties stipulated the following issue for determination by the
 Arbitrator:
 
          Whether Management violated the collective bargaining agreement
       when it reassigned the Grievant from his position as Security
       Officer to the position of Senior Specialist.  If so, what shall
       be the remedy?
 
    The Arbitrator determined that the grievant's reassignment was
 procedurally deficient under the parties' collective bargaining
 agreement and was not in accordance with 5 U.S.C. 4302(b)(6) /1/
 providing an employee an opportunity to demonstrate acceptable
 performance before reassignment.  Accordingly, the Arbitrator awarded as
 follows:
 
          The grievance is granted.  The Grievant shall be reinstated to
       the position he held prior to his reassignment and be given 60
       days to demonstrate his ability to perform the job.  At the end of
       the trial period his performance shall again be evaluated.  If
       that evaluation indicates inadequate performance, the Employer may
       reassign him or take any other appropriate action in accordance
       with the collective bargaining agreement and applicable laws and
       regulations.
 
    As one of its exceptions the Agency contends that the award is
 contrary to management's right under section 7106(a)(2)(A) to assign
 employees.  The Authority agrees.
 
    In American Federation of Government Employees, Local 1760 and
 Department of Health and Human Services, Social Security Administration
 Northeast Program Service Center, 9 FLRA 1025 (1982) (proposal 1), the
 Authority considered a proposal which would have prevented the agency
 from exercising certain management rights under section 7106(a) (to
 remove or reduce in grade employees under section 7106(a)(2)(A)) without
 first allowing the employee an opportunity to perform in a like-graded
 position.  The Authority held that the proposal was inconsistent with
 management's rights under section 7106(a) since it would impose a
 condition which itself would interfere with the exercise of those rights
 by the agency.  In this respect it is well established that an
 arbitrator's award likewise may not interfere with the exercise by an
 agency of its rights under section 7106(a).  E.g., Veterans
 Administration Hospital, Lebanon, Pennsylvania and American Federation
 of Government Employees, AFL-CIO, Local 1966, 11 FLRA No. 43 (1983).
 Thus, in terms of this case, by vacating management's assignment of the
 grievant from his security officer position to the senior specialist
 position and by improperly conditioning that assignment on a 60-day
 trial period in which the grievant has an opportunity to demonstrate his
 ability to perform, the award directly interferes with management's
 right to assign employees under section 7106(a)(2)(A).  In addition,
 because the record before the Authority clearly indicates that at the
 time of the grievant's reassignment, a performance appraisal system had
 neither been established nor approved at the Activity under 5
 U.S.C.Chapter 43, the provisions of 5 U.S.C. 4302(b)(6) were
 inapplicable.  See Wells v. Harris, 1 MSPB 199 (1979).  Therefore, the
 Arbitrator's award is deficient as contrary to section 7106(a) of the
 Statute and is not otherwise authorized by 5 U.S.C. 4302(b)(6).
 Accordingly, the award is set aside.
 
    Issued, Washington, D.C., August 31, 1984
                                       Barbara J. Mahone, Chairman
                                       Ronald W. Haughton, Member
                                       Henry B. Frazier III, Member
                                       FEDERAL LABOR RELATIONS AUTHORITY
                                       (ORDER DENYING MOTION FOR
                                       RECONSIDERATION OF Case
                                       No. O-AR-659)
 
    U.S. ARMY AVIATION CENTER,
 
    FORT RUCKER, ALABAMA
 
                                 Activity
 
    and
 
    AMERICAN FEDERATION OF GOVERNMENT
 
    EMPLOYEES, LOCAL 1815
 
                                   Union
                                       Case No. O-AR-659
 
                 ORDER DENYING MOTION FOR RECONSIDERATION
 
    This matter is before the Authority on a motion filed by the Union
 seeking reconsideration of the Authority's decision of March 20, 1984,
 denying the Union's exceptions to the Arbitrator's award.  In that
 decision, the Authority concluded that the Union failed to establish in
 its exceptions that the Arbitrator's award was deficient on any of the
 grounds set forth in section 7122(b) of the Federal Service
 Labor-Management Relations Statute.  In its motion for reconsideration,
 the Union essentially reiterates the same arguments presented in its
 exceptions to the award.
 
    Section 2429.17 of the Authority's Rules and Regulations permits a
 party that can establish "extraordinary circumstances" to move for
 reconsideration of a decision of the Authority.  Here, however, the
 Union has not established "extraordinary circumstances" within the
 meaning of section 2429.17.  Rather, the arguments presented by the
 Union in support of its motion constitute nothing more than disagreement
 with the merits of the Authority's decision.
 
    Accordingly, the Union's motion for reconsideration is hereby denied.
 
    Issued, Washington, D.C., August 28, 1984
                                       Barbara J. Mahone, Chairman
                                       Ronald W. Haughton, Member
                                       Henry B. Frazier III, Member
                                       FEDERAL LABOR RELATIONS AUTHORITY
                                       (ORDER DENYING MOTION FOR
                                       RECONSIDERATION OF Case
                                       No. O-PR-711)
 
    AMERICAN FEDERATION OF GOVERNMENT
 
    EMPLOYEES, COUNCIL 236
 
                                   Union
 
    and
 
    GENERAL SERVICES ADMINISTRATION
 
                                  Agency
                                       Case No. O-AR-711
 
                 ORDER DENYING MOTION FOR RECONSIDERATION
 
    This matter is before the Authority on a motion filed by the Agency
 seeking reconsideration of the Authority's decision of April 6, 1984,
 denying the Agency's exceptions to the Arbitrator's award.  In that
 decision, the Authority concluded that the Agency failed to establish in
 its exceptions that the Arbitrator's award was deficient on any of the
 grounds set forth in section 7122(b) of the Federal Service
 Labor-Management Relations Statute.  In its motion for reconsideration,
 the Agency expresses its disagreement with the Authority's conclusion
 and essentially reiterates the same arguments presented in its
 exceptions to the award.
 
    Section 2429.17 of the Authority's Rules and Regulations permits a
 party that can establish "extraordinary circumstances" to move for
 reconsideration of a decision of the Authority.  Here, however, the
 Agency has not established "extraordinary circumstances" within the
 meaning of section 2429.17.  Rather, the arguments presented by the
 Agency in support of its motion merely constitute disagreement with the
 merits of the Authority's decision.
 
    Accordingly, the Agency's motion for reconsideration is hereby
 denied.
 
    Issued, Washington, D.C., August 28, 1984
                                       Barbara J. Mahone, Chairman
                                       Ronald W. Haughton, Member
                                       Henry B. Frazier III, Member
                                       FEDERAL LABOR RELATIONS AUTHORITY
 
    U.S. DEPARTMENT OF JUSTICE, FEDERAL
 
    PRISON SYSTEM, FEDERAL CORRECTIONAL
 
    INSTITUTION
 
                                 Activity
 
    and
 
    AMERICAN FEDERATION OF GOVERNMENT
 
    EMPLOYEES, AFL-CIO, LOCAL 2052
 
                                   Union
                                       Case No. O-AR-560
 
                                 DECISION
 
    This matter is before the Authority on an exception to the award of
 Arbitrator Bertram Gottlieb filed by the Union under section 7122(a) of
 the Federal Service Labor-Management Relations Statute and part 2425 of
 the Authority's Rules and Regulations.  /2/
 
    Upon careful consideration of the entire record before the Authority,
 the Authority concludes that the Union has failed to establish that the
 Arbitrator's award is deficient on any of the grounds set forth in
 section 7122(a) of the Statute;  that is, that the award is contrary to
 any law, rule, or regulation, or that the award is deficient on other
 grounds similar to those applied by Federal courts in private sector
 labor-management relations.
 
    Accordingly, the Union's exception is denied.
 
    Issued, Washington, D.C., August 17, 1984
                                       Barbara J. Mahone, Chairman
                                       Ronald W. Haughton, Member
                                       Henry B. Frazier III, Member
                                       FEDERAL LABOR RELATIONS AUTHORITY
 
    Case No. O-AR-597;  August 23, 1984.
 
    DEPARTMENT OF THE ARMY,
 
    HEADQUARTERS, FORT HUACHUCA,
 
    ARIZONA
 
                                 Activity
 
    and 4 AMERICAN FEDERATION OF GOVERNMENT
 
    EMPLOYEES, LOCAL 1662
 
                                   Union
                                       Case No. O-AR-597
 
                                 DECISION
 
    This matter is before the Authority on exceptions to the award of
 Arbitrator Joseph F. Gentile filed by the Union under section 7122(a) of
 the Federal Service Labor-Management Relations Statute and part 2425 of
 the Authority's Rules and Regulations.
 
    Upon careful consideration of the entire record before the Authority,
 the Authority concludes that the Union has failed to establish that the
 Arbitrator's award is deficient on any of the grounds set forth in
 section 7122(a) of the Statute;  that is, that the award is contrary to
 any law, rule, or regulation, or that the award is deficient on other
 grounds similar to those applied by Federal courts in private sector
 labor-management relations.
 
    Accordingly, the Union's exceptions are denied.
 
    Issued, Washington, D.C., August 23, 1984
                                       Barbara J. Mahone, Chairman
                                       Ronald W. Haughton, Member
                                       Henry B. Frazier III, Member
                                       FEDERAL LABOR RELATIONS AUTHORITY
 
    DEPARTMENT OF THE NAVY
 
    PORTSMOUTH NAVAL SHIPYARD
 
                                 Activity
 
    and
 
    FEDERAL EMPLOYEES METAL
 
    TRADES COUNCIL
 
                                   Union
                                       Case No. O-AR-706
 
                                 DECISION
 
    This matter is before the Authority on exceptions to the award of
 Arbitrator Louis P. Pittocco filed by the Union under section 7122(a) of
 the Federal Service Labor-Management Relations Statute and part 2425 of
 the Authority's Rules and Regulations.
 
    Upon careful consideration of the entire record before the Authority,
 the Authority concludes that the Union has failed to establish that the
 Arbitrator's award is deficient on any of the grounds set forth in
 section 7122(a) of the Statute;  that is, that the award is contrary to
 any law, rule, or regulation, or that the award is deficient on other
 grounds similar to those applied by Federal courts in private sector
 labor-management relations.
 
    Accordingly, the Union's exceptions are denied.
 
    Issued, Washington, D.C., August 23, 1984
                                       Barbara J. Mahone, Chairman
                                       Ronald W. Haughton, Member
                                       Henry B. Frazier III, Member
                                       FEDERAL LABOR RELATIONS AUTHORITY
 
    DEPARTMENT OF THE TREASURY,
 
    U.S. CUSTOMS SERVICE, REGION II
 
                                 Activity
 
    and
 
    NATIONAL TREASURY EMPLOYEES UNION,
 
    CHAPTER 183
 
                                   Union
                                       Case No. O-AR-760
 
                                 DECISION
 
    This matter is before the Authority on exceptions to the award of
 Arbitrator David M. Kaplan filed by the Union under section 7122(a) of
 the Federal Service Labor-Management Relations Statute and part 2425 of
 the Authority's Rules and Regulations.
 
    Upon careful consideration of the entire record before the Authority,
 the Authority concludes that the Union has failed to establish that the
 Arbitrator's award is deficient on any of the grounds set forth in
 section 7122(a) of the Statute;  that is, that the award is contrary to
 any law, rule, or regulation, or that the award is deficient on other
 grounds similar to those applied by Federal courts in private sector
 labor-management relations.
 
    Accordingly, the Union's exceptions are denied.
 
    Issued, Washington, D.C., August 23, 1984
                                       Barbara J. Mahone, Chairman
                                       Ronald W. Haughton, Member
                                       Henry B. Frazier III, Member
                                       FEDERAL LABOR RELATIONS AUTHORITY
 
    U.S. DEPARTMENT OF JUSTICE
 
    IMMIGRATION AND NATURALIZATION SERVICE
 
                                  Agency
 
    and
 
    AMERICAN FEDERATION OF GOVERNMENT
 
    EMPLOYEES, LOCAL 2724
 
                                   Union
                                       Case No. O-AR-782
 
                                 DECISION
 
    This matter is before the Authority on exceptions to the award of
 Arbitrator Stephen E. McCloskey filed by the Union under section 7122(a)
 of the Federal Service Labor-Management Relations Statute and part 2425
 of the Authority's Rules and Regulations.
 
    Upon careful consideration of the entire record before the Authority,
 the Authority concludes that the Union has failed to establish that the
 Arbitrator's award is deficient on any of the grounds set forth in
 section 7122(a) of the Statute;  that is, that the award is contrary to
 any law, rule, or regulation, or that the award is deficient on other
 grounds similar to those applied by Federal courts in private sector
 labor-management relations.
 
    Accordingly, the Union's exceptions are denied.
 
    Issued, Washington, D.C., August 23, 1984
                                       Barbara J. Mahone, Chairman
                                       Ronald W. Haughton, Member
                                       Henry B. Frazier III, Member
                                       FEDERAL LABOR RELATIONS AUTHORITY
 
    Case No. O-AR-786;  August 23, 1984.
 
    DEPARTMENT OF THE NAVY,
 
    STRATEGIC WEAPONS FACILITY
 
    PACIFIC
 
                                 Facility
 
    and
 
    INTERNATIONAL ASSOCIATION OF
 
    MACHINIST AND AEROSPACE WORKERS,
 
    LOCAL 282
 
                                   Union
                                       Case No. O-AR-786
 
                                 DECISION
 
    This matter is before the Authority on exceptions to the award of
 Arbitrator J. B. Gillingham filed by the Union under section 7122(a) of
 the Federal Service Labor-Management Relations Statute and part 2425 of
 the Authority's Rules and Regulations.
 
    Upon careful consideration of the entire record before the Authority,
 the Authority concludes that the Union has failed to establish that the
 Arbitrator's award is deficient on any of the grounds set forth in
 section 7122(a) of the Statute;  that is, that the award is contrary to
 any law, rule, or regulation, or that the award is deficient on other
 grounds similar to those applied by Federal courts in private sector
 labor-management relations.
 
    Accordingly, the Union's exceptions are denied.
 
    Issued, Washington, D.C., August 23, 1984
                                       Barbara J. Mahone, Chairman
                                       Ronald W. Haughton, Member
                                       Henry B. Frazier III, Member
                                       FEDERAL LABOR RELATIONS AUTHORITY
 
    GENERAL SERVICES ADMINISTRATION
 
                                  Agency
 
    AND
 
    AMERICAN FEDERATION OF GOVERNMENT
 
    EMPLOYEES, COUNCIL 236
 
                                   Union
                                       Case No. O-AR-772
 
                                 DECISION
 
    This matter is before the Authority on exceptions to the award of
 Arbitrator Thomas Angelo 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.
 
    Upon careful consideration of the entire record before the Authority,
 the Authority concludes that the Agency has failed to establish that the
 Arbitrator's award is deficient on any of the grounds set forth in
 section 7122(a) of the Statute;  that is, that the award is contrary to
 any law, rule, or regulation, or that the award is deficient on other
 grounds similar to those applied by Federal courts in private sector
 labor-management relations.
 
    Accordingly, the Agency's exceptions are denied.
 
    Issued, Washington, D.C., August 28, 1984
                                       Barbara J. Mahone, Chairman
                                       Ronald W. Haughton, Member
                                       Henry B. Frazier III, Member
                                       FEDERAL LABOR RELATIONS AUTHORITY
 
    NAVAL AIR STATION, CORPUS
 
    CHRISTI, TEXAS
 
                                 Activity
 
    and
 
    NATIONAL FEDERATION OF FEDERAL
 
    EMPLOYEES, LOCAL 797
 
                                   Union
                                       Case No. O-AR-751
 
                                 DECISION
 
    This matter is before the Authority on exceptions to the award of
 Arbitrator I. B. Helburn filed by the Union under section 7122(a) of the
 Federal Service Labor-Management Relations Statute and part , 2425 of
 the Authority's Rules and Regulations.
 
    Upon careful consideration of the entire record before the Authority,
 the Authority concludes that the Union has failed to establish that the
 Arbitrator's award is deficient on any of the grounds set forth in
 section 7122(a) of the Statute;  that is, that the award is contrary to
 any law, rule, or regulation, or that the award is deficient on other
 grounds similar to those applied by Federal courts in private sector
 labor-management relations.
 
    Accordingly, the Union's exceptions are denied.
 
    Issued, Washington, D.C., August 29, 1984
                                       Barbara J. Mahone, Chairman
                                       Ronald W. Haughton, Member
                                       Henry B. Frazier III, Member
                                       FEDERAL LABOR RELATIONS AUTHORITY
 
    U.S. CUSTOMS SERVICE
 
                                  Agency
 
    and
 
    NATIONAL TREASURY EMPLOYEES
 
    UNION, CHAPTER 161
 
                                   Union
                                       Case No. O-AR-758
 
                                 DECISION
 
    This matter is before the Authority on exceptions to the award of
 Arbitrator Monroe Berkowitz 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.
 
    Upon careful consideration of the entire record before the Authority,
 the Authority concludes that the Agency has failed to establish that the
 Arbitrator's award is deficient on any of the grounds set forth in
 section 7122(a) of the Statute;  that is, that the award is contrary to
 any law, rule, or regulation, or that the award is deficient on other
 grounds similar to those applied by Federal courts in private sector
 labor-management relations.
 
    Accordingly, the Agency's exceptions are denied.
 
    Issued, Washington, D.C., August 29, 1984
                                       Barbara J. Mahone, Chairman
                                       Ronald W. Haughton, Member
                                       Henry B. Frazier III, Member
                                       FEDERAL LABOR RELATIONS AUTHORITY
 
    INTERNAL REVENUE SERVICE,
 
    National OFFICE, WASHINGTON, D.C.
 
                                  Agency
 
    and
 
    NATIONAL TREASURY EMPLOYEES UNION,
 
    NATIONAL OFFICE CHAPTER NO. 65
 
                                   Union
                                       Case No. O-AR-778
 
                                 DECISION
 
    This matter is before the Authority on exceptions to the award of
 Arbitrator Clair V. Duff filed by the Union under section 7122(a) of the
 Federal Service Labor-Management Relations Statute and part 2425 of the
 Authority's Rules and Regulations.
 
    Upon careful consideration of the entire record before the Authority,
 the Authority concludes that the Union has failed to establish that the
 Arbitrator's award is deficient on any of the grounds set forth in
 section 7122(a) of the Statute;  that is, that the award is contrary to
 any law, rule, or regulation, or that the award is deficient on other
 grounds similar to those applied by Federal courts in private sector
 labor-management relations.
 
    Accordingly, the Union's exceptions are denied.
 
    Issued, Washington, D.C., August 29, 1984
                                       Barbara J. Mahone, Chairman
                                       Ronald W. Haughton, Member
                                       Henry B. Frazier III, Member
                                       FEDERAL LABOR RELATIONS AUTHORITY
 
    U.S. NAVAL AIR STATION,
 
    MOFFETT FIELD, CALIFORNIA
 
                                 Activity
 
    and
 
    NATIONAL FEDERATION OF FEDERAL
 
    EMPLOYEES, LOCAL 759
 
                                   Union
                                       Case No. O-AR-789
 
                                 DECISION
 
    This matter is before the Authority on exceptions to the award of
 Arbitrator Barbara Bridgewater filed by the Union under section 7122(a)
 of the Federal Service Labor-Management Relations Statute and part 2425
 of the Authority's Rules and Regulations.
 
    Upon careful consideration of the entire record before the Authority,
 the Authority concludes that the Union has failed to establish that the
 Arbitrator's award is deficient on any of the grounds set forth in
 section 7122(a) of the Statute;  that is, that the award is contrary to
 any law, rule, or regulation, or that the award is deficient on other
 grounds similar to those applied by Federal courts in private sector
 labor-management relations.
 
    Accordingly, the Union's exceptions are denied.
 
    Issued, Washington, D.C., August 29, 1984
                                       Barbara J. Mahone, Chairman
                                       Ronald W. Haughton, Member
                                       Henry B. Frazier III, Member
                                       FEDERAL LABOR RELATIONS AUTHORITY
 
    AMERICAN FEDERATION OF GOVERNMENT
 
    EMPLOYEES, LOCAL 85
 
                                   Union
 
    and
 
    VETERANS ADMINISTRATION MEDICAL
 
    CENTER, LEAVENWORTH, KANSAS
 
                                 Activity
                                       Case No. O-AR-793
 
                                 DECISION
 
    This matter is before the Authority on exceptions to the award of
 Arbitrator Timothy J. Heinsz filed by the Union under section 7122(a) of
 the Federal Service Labor-Management Relations Statute and part 2425 of
 the Authority's Rules and Regulations.
 
    Upon careful consideration of the entire record before the Authority,
 the Authority concludes that the Union has failed to establish that the
 Arbitrator's award is deficient on any of the grounds set forth in
 section 7122(a) of the Statute;  that is, that the award is contrary to
 any law, rule, or regulation, or that the award is deficient on other
 grounds similar to those applied by Federal courts in private sector
 labor-management relations.
 
    Accordingly, the Union's exceptions are denied.
 
    Issued, Washington, D.C., August 29, 1984
                                       Barbara J. Mahone, Chairman
                                       Ronald W. Haughton, Member
                                       Henry B. Frazier III, Member
                                       FEDERAL LABOR RELATIONS AUTHORITY
 
    NATIONAL FEDERATION OF FEDERAL
 
    EMPLOYEES, LOCAL 476
 
                                   Union
 
    and
 
    U.S. ARMY COMMUNICATIONS AND
 
    ELECTRONICS COMMAND
 
                                 Activity
                                       Case No. O-AR-798
 
                                 DECISION
 
    This matter is before the Authority on exceptions to the award of
 Arbitrator Herbert L. Haber filed by the Union under section 7122(a) of
 the Federal Service Labor-Management Relations Statute and part 2425 of
 the Authority's Rules and Regulations.
 
    Upon careful consideration of the entire record before the Authority,
 the Authority concludes that the Union has failed to establish that the
 Arbitrator's award is deficient on any of the grounds set forth in
 section 7122(a) of the Statute;  that is, that the award is contrary to
 any law, rule, or regulation, or that the award is deficient on other
 grounds similar to those applied by Federal courts in private sector
 labor-management relations.
 
    Accordingly, the Union's exceptions are denied.
 
    Issued, Washington, D.C., August 29, 1984
                                       Barbara J. Mahone, Chairman
                                       Ronald W. Haughton, Member
                                       Henry B. Frazier III, Member
                                       FEDERAL LABOR RELATIONS AUTHORITY
 
    VETERANS ADMINISTRATION
 
                                  Agency
 
    and
 
    LOCAL 31, AMERICAN FEDERATION OF
 
    GOVERNMENT EMPLOYEES, AFL-CIO
 
                                   Union
                                       Case No. O-AR-799
 
                                 DECISION
 
    This matter is before the Authority on exceptions to the award of
 Arbitrator Susan T. Mackenzie filed by the Union under section 7122(a)
 of the Federal Service Labor-Management Relations Statute and part 2425
 of the Authority's Rules and Regulations.
 
    Upon careful consideration of the entire record before the Authority,
 the Authority concludes that the Union has failed to establish that the
 Arbitrator's award is deficient on any of the grounds set forth in
 section 7122(a) of the Statute;  that is, that the award is contrary to
 any law, rule, or regulation, or that the award is deficient on other
 grounds similar to those applied by Federal courts in private sector
 labor-management relations.
 
    Accordingly, the Union's exceptions are denied.
 
    Issued, Washington, D.C., August 29, 1984
                                       Barbara J. Mahone, Chairman
                                       Ronald W. Haughton, Member
                                       Henry B. Frazier III, Member
                                       FEDERAL LABOR RELATIONS AUTHORITY
 
    FEDERAL EMPLOYEES METAL
 
    TRADES COUNCIL
 
                                   Union
 
    and
 
    MARE ISLAND NAVAL SHIPYARD
 
                                 Activity
                                       Case No. O-AR-809
 
                                 DECISION
 
    This matter is before the Authority on exceptions to the award of
 Arbitrator Armon Barsamian 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.
 
    Upon careful consideration of the entire record before the Authority,
 the Authority concludes that the Agency has failed to establish that the
 Arbitrator's award is deficient on any of the grounds set forth in
 section 7122(a) of the Statute;  that is, that the award is contrary to
 any law, rule, or regulation, or that the award is deficient on other
 grounds similar to those applied by Federal courts in private sector
 labor-management relations.
 
    Accordingly, the Agency's exceptions are denied.  Issued, Washington,
 D.C., August 29, 1984
                                       Barbara J. Mahone, Chairman
                                       Ronald W. Haughton, Member
                                       Henry B. Frazier III, Member
                                       FEDERAL LABOR RELATIONS AUTHORITY
 
    DEPARTMENT OF COMMERCE,
 
    BUREAU OF THE CENSUS,
 
    SUITLAND, MARYLAND
 
                                  Agency
 
    and
 
    LOCAL 2782, AMERICAN FEDERATION
 
    OF GOVERNMENT EMPLOYEES, AFL-CIO
 
                                   Union
                                       Case No. O-AR-768
 
                                 DECISION
 
    This matter is before the Authority on exceptions to the award of
 Arbitrator Max B. Jones 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.
 
    Upon careful consideration of the entire record before the Authority,
 the Authority concludes that the Agency has failed to establish that the
 Arbitrator's award is deficient on any of the grounds set forth in
 section 7122(a) of the Statute;  that is, that the award is contrary to
 any law, rule, or regulation, or that the award is deficient on other
 grounds similar to those applied by Federal courts in private sector
 labor-management relations.
 
    Accordingly, the Agency's exceptions are denied.
 
    Issued, Washington, D.C., August 30, 1984
                                       Barbara J. Mahone, Chairman
                                       Ronald W. Haughton, Member
                                       Henry B. Frazier III, Member
                                       FEDERAL LABOR RELATIONS AUTHORITY
 
    AMERICAN FEDERATION OF GOVERNMENT
 
    EMPLOYEES, LOCAL 2724
 
                                   Union
 
    and
 
    UNITED STATES IMMIGRATION
 
    AND NATURALIZATION SERVICE
 
                                 Activity
                                       Case No.