23:0802(102)AR - Justice, Bureau of Prisons and AFGE Local 1741 -- 1986 FLRAdec AR



[ v23 p802 ]
23:0802(102)AR
The decision of the Authority follows:


 23 FLRA No. 102
 
 DEPARTMENT OF JUSTICE 
 BUREAU OF PRISONS
 Agency
 
 and
 
 AMERICAN FEDERATION OF GOVERNMENT 
 EMPLOYEES, LOCAL 1741
 Union
 
                                            Case No. 0-AR-1236
 
                        ORDER DISMISSING EXCEPTIONS
 
                         I.  STATEMENT OF THE CASE
 
    This matter is before the Authority on exceptions to the award of
 Arbitrator Barry C. Brown 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.
 
                  II.  BACKGROUND AND ARBITRATOR'S AWARD
 
    The matter submitted to arbitration concerned the grievant's removal
 from the Federal Service.  Before addressing the merits of the
 grievance, the Arbitrator determined that the Union had failed to comply
 with the procedural requirements of the parties' collective bargaining
 agreement for invoking arbitration and that these procedural defects
 were highly prejudicial to the Agency's rights.  Accordingly, he
 concluded that the grievance was not arbitrable and that it must be
 dismissed.  The Union's exceptions in this case are to the Arbitrator's
 determination that the grievance was not arbitrable.
 
                       II.  ANALYSIS AND CONCLUSIONS
 
    We conclude that we are without jurisdiction to review the