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58 FLRA No. 107
AFGE, Local 1006 and U. S. Department of Justice Federal Bureau of Prisons
Federal Medical Center, Carswell Fort Worth, Texas (Moore, Arbitrator) 0-AR- 3605 (Decided April 8, 2003)
The Arbitrator found there was just cause for the Agency to suspend the grievant and denied the grievance. The Authority denied the Unions exceptions. The Authority found that the Union did not establish that the Arbitrator failed to conduct a fair hearing, or that the award was based on a nonfact.
The Union also claimed that the Agency violated § 7114 of the Statute and that the grievant was suspended in retaliation for filing prior claims. In this regard, the Authority noted that under 5 C.F.R. § 2429.5 it will not consider issues that could have been, but were not, presented to the arbitrator. The Authority found nothing in the award or elsewhere in the record showing that this issue was raised before the Arbitrator, therefore, it did not consider the Union's claims on exceptions.