32:0782(114)AR - - AFGE Local 3954 and Federal Bureau of Prisons, Federal Correctional Institution, Phoenix, AZ - - 1988 FLRAdec AR - - v32 p782
[ v32 p782 ]
The decision of the Authority follows:
32 FLRA No. 114
UNITED STATES OF AMERICA
FEDERAL LABOR RELATIONS AUTHORITY
AMERICAN FEDERATION OF
FEDERAL BUREAU OF PRISONS
FEDERAL CORRECTIONAL INSTITUTION
Case No. 0-AR-1503
I. Statement of the Case
This matter is before the Authority on an exception to the award of Arbitrator Lester H. Bergeson. The grievant filed a grievance contesting his suspension for 5 days. The Arbitrator found that the 5-day suspension of the grievant was for just and proper cause. The Arbitrator refused to allow the Union to introduce an additional issue concerning a withdrawal of an offer of promotion to the grievant as a result of the suspension. Accordingly, the Arbitrator denied the grievance.
The Union filed an exception 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 Activity did not file an opposition.
We conclude that the Union has not established that the award is contrary to the parties' agreement, and we will deny the exception.
II. Background and Arbitrator's Award
The grievant was suspended for 5 days for failing to report physical abuse of a prison inmate. The grievant filed a grievance protesting the suspension. The grievance was submitted to arbitration.
At arbitration, the Union attempted to raise an additional issue concerning an offer of promotion to the grievant that had been withdrawn as a resu