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56 FLRA No. 4
National Federation of Federal Employees Local 1984 and U.S. Department of Defense Defense Contract Management Command Boeing Helicopters, Philadelphia, Pennsylvania (Clark, Arbitrator), 0-AR-3183 (Decided February 18, 2000)
The Arbitrator denied a grievance alleging that the Agency violated the parties' collective bargaining agreement and an Agency regulation by failing to fairly consider five grievants for a promotion to a GS-12 Quality Assurance Specialist (QAS) position. The Authority denied the exceptions. The Authority construed the Union's assertion that the promotion process was not followed in accordance with DLAR 1404.4, as a claim that the award was contrary to an Agency regulation. However, the Authority rejected this allegation noting that the steps followed by the selecting official to fill the positions were consistent with agency regulation.
The Authority also held that the Arbitrator did not fail to conduct a fair hearing. The Authority noted that it will find an award deficient when it determines that an arbitrator failed to conduct a fair hearing by refusing to hear or consider pertinent and material evidence or by other actions which prejudice a party and affect the fairness of the proceedings as a whole. The Authority further stated that arbitrators have considerable latitude in the conduct of the hearing and the fact that an arbitrator conducts a hearing in a manner that a party finds objectionable does not, in and of itself, provide a basis for finding an award deficient. Here, the Union failed to establish that the Arbitrator refused to consider pertinent and material evidence or conducted the hearing in a manner that prejudiced the grievants or affected the fairness of the proceedings, thus the exception provided no basis for finding the award deficient. Also rejected was the allegation that the award was based on a nonfact.