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59 FLRA No. 104
Bremerton Metal Trades Council and U. S. Dept. of the Navy, Puget Sound Naval Shipyard (Lubow, Arbitrator) 0-AR-3642 (Decided January 20, 2004)
The Authority denied the Union's exceptions. Preliminarily it found that the Agency's opposition and the Union's amended exceptions were untimely. With regards to the issue raised concerning procedural arbitrability, the Authority noted that an arbitrator's determination as to procedural arbitrability may be found deficient only on grounds that do not challenge the determination of procedural arbitrability itself. The Authority also rejected the allegations that the arbitrator was biased, that he failed to conduct a fair hearing, that he exceeded his authority, that the award failed to draw its essence from the agreement, or that it was based on a nonfact.