[Code of Federal Regulations]
[Title 4, Volume 1]
[Revised as of January 1, 2008]
From the U.S. Government Printing Office via GPO Access
[CITE: 4CFR28.124]

[Page 59-60]
 
                            TITLE 4--ACCOUNTS
 
               CHAPTER I--GOVERNMENT ACCOUNTABILITY OFFICE
 
PART 28_GOVERNMENT ACCOUNTABILITY OFFICE PERSONNEL APPEALS BOARD; PROCEDURES 
 
          Subpart F_Special Procedures; Unfair Labor Practices
 
Sec.  28.124  Review of arbitration awards.

    (a) Filing an exception. (1) Either party to arbitration, conducted 
pursuant to a grievance procedure under a collective bargaining 
agreement, may file with the Board an exception to the arbitrator's 
award rendered pursuant to the arbitration.
    (2) The time limit for filing an exception to an arbitration award 
is 30 days from the service of the award on the filing party.
    (3) An opposition to the exception may be filed by a party within 30 
days after the service of the exception.
    (4) A copy of the exception and any opposition shall be served on 
the other party.
    (b) Content of exception. An exception must be a dated, self-
contained document which sets forth in full:
    (1) A statement of the grounds on which review is requested;
    (2) Evidence or rulings bearing on the issues before the Board;
    (3) Arguments in support of the stated grounds, together with 
specific reference to the pertinent documents and citations of 
authorities;
    (4) A legible copy of the award of the arbitrator and legible copies 
of other pertinent documents; and
    (5) The name and address of the arbitrator.

[[Page 60]]

    (c) Grounds for review. (1) The Board will review an arbitrator's 
award to which an exception has been filed to determine if the award is 
deficient--
    (i) Because it is contrary to any law, rule or regulation; or
    (ii) On other grounds similar to those applied by Federal courts in 
private sector labor-management relations.
    (2) The Board will not consider an exception where:
    (i) The award relates to an action based on unacceptable performance 
covered under 5 U.S.C. 4303;
    (ii) The award relates to a removal, suspension for more than 14 
days, reduction in grade, reduction in pay, or furlough of 30 days or 
less covered under 5 U.S.C. 7512; or
    (iii) the exception is based on a GAO rule which was not introduced 
into the record submitted to the arbitrator.
    (d) Board decision. The Board shall issue its decision and order 
taking such action and making such recommendations concerning the award 
as it considers necessary, consistent with applicable laws, rules, or 
regulations.