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58 FLRA No. 149
Social Security Administration, Baltimore, Maryland and AFGE, Local 1923, (Kaplan, Arbitrator) 0-AR-3401 57 FLRA 690 (2002) (Decided June 12, 2003)
Following remand from the Authority, 57 FLRA 690 (2002), the Arbitrator clarified his previous award and found that even in the absence of discrimination, the Agency nonetheless violated Article 18 of the parties' collective bargaining agreement. Accordingly, the Arbitrator reaffirmed his original decision that the grievant was entitled to an award of a priority consideration. The Authority denied the Agency's exceptions.
The Authority found that the Agency failed to show how the Arbitrator's supplemental award was contrary to law. Additionally, the Authority rejected the allegations that the supplemental award was not based on nonfact, that it failed to draw its essence from the contract, or that the Arbitrator exceeded his authority.