American Federation of Government Employees, Local 2272 (Union) and United States Department of Justice, U.S. Marshals Service (Agency)
67 FLRA No. 88
OF GOVERNMENT EMPLOYEES
DEPARTMENT OF JUSTICE
U.S. MARSHALS SERVICE
ORDER DISMISSING EXCEPTIONS
March 27, 2014
Before the Authority: Carol Waller Pope, Chairman, and
Ernest DuBester and Patrick Pizzella, Members
This matter is before the Authority on exceptions to an award on remand of Arbitrator Lawrence Roberts filed by the Union under § 7122(a) of the Federal Service Labor‑Management Relations Statute and part 2425 of the Authority’s Regulations. The Agency filedan opposition to the Union’s exceptions. The Authority issued a decision on the Arbitrator’s initial award in this case in U.S. DOJ, U.S. Marshals Service, 66 FLRA 531 (2012).
We have determined that this case is appropriate for issuance as an expedited, abbreviated decision under 5 C.F.R. § 2425.7. When a party fails to raise and support a recognized ground for review listed in 5 C.F.R. § 2425.6(a)-(c), or otherwise fails to demonstrate a legally recognized basis for setting aside the award, its exceptions are barred under § 2425.6(e)(1) of the Authority’s Regulations. Upon careful consideration of the entire record in this case and Authority precedent, we conclude that the Union has failed to demonstrate a legally recognized basis for setting aside the award.
Accordingly, we dismiss the Union’s exceptions.
See 5 C.F.R. § 2425.7 (“Even absent a [party’s] request, the Authority may issue expedited, abbreviated decisions in appropriate cases.”).
AFGE, Local 3955, Council of Prison Locals 33, 65 FLRA 887, 889 (2011) (exceptions are subject to dismissal under § 2425.6(e)(1) of the Authority’s Regulations if they fail to raise a recognized ground for review or, in the case of exceptions based on private-sector grounds not currently recognized by the Authority, if they provide insufficient citation to legal authority establishing the grounds upon which the party filed its exceptions).