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62 FLRA No. 11
American Federation of Government Employees, Council of Prisons Locals, Local 3977 and United States Department of Justice, Federal Bureau of Prisons, Federal Prison Camp, Seymour Johnson, North Carolina (Thomson, Jr., Arbitrator), 0-AR- 4111 (March 22, 2007)
The Arbitrator concluded that a grievance concerning overtime compensation was not procedurally arbitrable because, among other things, the Union failed to attempt informal resolution of the grievance as required by the parties' collective bargaining agreement (CBA). The Union filed exceptions challenging the Arbitrator's procedural determination and the conduct of the hearing.
The Authority denied the exceptions. First, the Authority stated that the Authority will not generally find an award deficient on grounds directly challenging a procedural determination. Secondly, the Authority found the Union did not establish that the Arbitrator was biased, conducted an unfair hearing or exceeded his authority. Finally, the Authority also found that the Union did not demonstrate that the award was contrary to public policy because the Union did not cite an explicit public policy to support the exception.