American Federation of Government Employees, Local 1741 (Union) and United States Department of Justice, Federal Bureau of Prisons, Federal Correctional Institution, Milan, Michigan (Agency)

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57 FLRA No. 142

Before the Authority: Dale Cabaniss, Chairman, and
Carol Waller Pope and Tony Armendariz, Members

      This matter is before the Authority on exceptions to an award of Arbitrator Robert L. Nichols, Sr. filed by the Union under § 7122(a) of the Federal Service Labor-Management Relations Statute (the Statute) and part 2425 of the Authority's Regulations. The Agency filed an opposition to the Union's exceptions.

      Under § 7122(a) of the Statute, an award is deficient if it is contrary to any law, rule or regulation; or it is deficient on other grounds similar to those applied by federal courts in private sector labor-management relations. Upon careful consideration of the entire record in this case, and Authority precedent, the Authority concludes that the award is not deficient on the grounds raised in the exceptions and set forth in § 7122(a). See AFGE, Local 3627, 53 FLRA 1351, 1351 n.* (1998) (argument that agency's actions were contrary to law is not properly before Authority under 5 C.F.R. § 2429.5 where that argument was not raised before arbitrator); United States Dep't of the Navy, Naval Base, Norfolk, Va.,