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American Federation of Government Employees, Local 3947 (Union) and United States, Department of Justice, Bureau of Prisons, Federal Medical Center, Rochester, Minnesota (Agency)

[ v62 p9 ]

62 FLRA No. 3

AMERICAN FEDERATION
OF GOVERNMENT EMPLOYEES
LOCAL 3947
(Union)

and

UNITED STATES
DEPARTMENT OF JUSTICE
BUREAU OF PRISONS
FEDERAL MEDICAL CENTER
ROCHESTER, MINNESOTA
(Agency)

0-AR-4170

_____

DECISION

January 30, 2007

_____

Before the Authority: Dale Cabaniss, Chairman and
Wayne C. Beyer, Member

      This matter is before the Authority on exceptions to an award of Arbitrator James G. Scoville 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 2921, 50 FLRA 184, 185-86 (1995) (arbitrator's determination of the procedural arbitrability of a grievance is subject to challenge only on grounds other than those that directly challenge the procedural arbitrability determination) and Prof'l Airways Sys. Specialists, Dist. No. 1, MEBA/NMU (AFL-CIO), 48 FLRA 764, 768-69 (1993) (award not deficient as contrary to law where excepting party fails to establish that the award is in any manner contrary to the law, rule, or regulation on which the party relies).

      Accordingly, the Union's exceptions are denied.