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59 FLRA No. 3
U. S. Dept. of Justice, Federal Bureau of Prisons, Federal Correctional Institution Marianna, Florida and AFGE, Local 4036, Case No. AT-CA-01-0037 (Decided August 12, 2003)
The Judge found that the Respondent violated 7116(a)(1) and (8) of the Federal Service Labor-Management Relations Statute by failing to comply with a final and binding arbitration award. The Authority found that the Respondent did not commit the unfair labor practices alleged and accordingly dismissed the complaint.
The Authority noted that the standard for determining whether an agency has adequately complied with an arbitration award depends, in part, on the clarity of the award. When the award is ambiguous, the test of compliance is whether the agency's action is consistent with a reasonable construction of the award. In this case, the Judge correctly found that the award was ambiguous. The Respondent excepted to the Judge's findings that its actions were not consistent with a reasonable construction of the award and to the Judge's conclusion that its conduct violated the Statute.
The Authority found that the record did not support the Judge's determination that the Respondent failed to comply with the award. Consequently, the Authority found that the General Counsel did not establish that the Respondent violated the Statute.