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56 FLRA No. 143
American Federation of Government Employees, Council of Prison Locals Local 1286 and U.S. Department of Justice Federal Bureau of Prisons and Federal Prison Industries, Inc. (Spencer, Arbitrator), 0-AR-3112 (Decided September 29, 2000)
The Arbitrator found that the Agency did not violate the parties' agreement when the grievants were not allowed Union representation during a criminal investigation conducted by the Federal Bureau of Investigation (FBI). The Authority remanded the decision to the Arbitrator for a clarification of the basis of the award. The Authority noted that a remand was necessary to determine whether the award was contrary to law, rule or regulation.
The Authority noted that the Arbitrator concluded that the grievants did not have a right to Union representation when each grievant was separately interviewed by an FBI Agent and an SIS Lieutenant. However, in making this determination, the Authority found that it was unclear whether the Arbitrator based his decision on 5 U.S.C. § 7114(a)(2)(B) or on Article 6 of the parties' agreement. If the Arbitrator based his decision on Article 6 of the parties' agreement, it is also unclear whether the Arbitrator interpreted that provision to provide the same benefit as section 7114(a)(2)(B), or whether he interpreted the contractual provision to provide rights or obligations distinct from those set forth in section 7114(a)(2)(B). Therefore, the Authority concluded that it was necessary to remand the award to the Arbitrator for him to clarify the basis of his award in connection with statutory and/or contractual requirements.