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62 FLRA No. 35
OF GOVERNMENT EMPLOYEES
LOCALS 1007 AND 3957
DEPARTMENT OF JUSTICE
FEDERAL BUREAU OF PRISONS
FEDERAL CORRECTIONAL COMPLEX
July 25, 2007
Before the Authority: Dale Cabaniss, Chairman, and
Wayne C. Beyer and Carol Waller Pope, Members
This matter is before the Authority on exceptions to an award of Arbitrator William C. Serda filed by the Union under § 7122(a) of the Federal Service Labor-Management Relations Statute (the Statute) and 5 C.F.R. Part 2425. 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 Union's claims are unsupported by the record. Therefore, we find that the award is not deficient on the grounds raised in the exceptions and set forth in § 7122(a). See NFFE, Local 1827, 52 FLRA 1378, 1385 (1997) (exception challenging an arbitrator's evaluation of the evidence and determination of the weight to be accorded such evidence provides no basis for finding an award deficient) and United States Dep't of Labor (OSHA), 34 FLRA 573, 575 (1990) (award not deficient as failing to draw its essence from the parties' collective bargaining agreement where excepting party fails to establish that the award cannot in any rational way be derived from the agreement; is so unfounded in reason and fact and so unconnected to the wording and purpose of the agreement as to manifest an infidelity to the obligation of the arbitrator; does not represent a plausible interpretation of the agreement; or evidences a manifest disregard of the agreement).
Accordingly, the Union's exceptions are denied.