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61 FLRA No. 23
AFGE, LOCAL 1741 AND U. S. DEPT. OF JUSTICE FEDERAL BUREAU OF
PRISONS, FEDERAL CORRECTIONAL INSTITUTION, MILAN, MICHIGAN
(Stieber, Arbitrator), Case No. 0-AR-3945
(July 18, 2005)
The Arbitrator found that the grievance was not arbitrable because the Union's attempt to invoke arbitration did not meet the requirement set forth in Article 32(a) of the parties' agreement that the party seeking to submit an issue to arbitration must give the other party a written notification that "must include a statement of the issues involved, the alleged violations, and the requested remedy. Consequently, the Arbitrator found that the grievance was not arbitrable and dismissed it.
The Authority noted that generally it will not find an arbitrator's ruling on the procedural arbitrability of a grievance deficient on grounds that directly challenge the procedural arbitrability ruling itself. However, the Authority has stated that a procedural arbitrability determination may be found deficient on the ground that it is contrary to law.
In this case, the Authority found that the Arbitrator did not exceed his authority, nor that the award was contrary to law. Accordingly, the Authority denied the Union's exception.