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56 FLRA No. 78
U.S. Department of the Air Force Warner Robins Air Logistics Center Robins Air Force Base, Georgia and AFGE, Local 987 (Smith, Jr., Arbitrator), 0-AR-3256 (Decided July 21, 2000)
The Arbitrator found that the Agency violated a Federal Service Impasses Panel decision by failing to implement a contract provision that had been imposed by that decision. As a remedy, the Arbitrator ordered the Agency to implement the provision. The Authority denied the Agency's exceptions.
The Authority rejected the allegations that the Arbitrator exceeded his authority, that the award failed to draw its essence from the agreement, and that the award was based on nonfact. As to the allegation that the award was contrary to law, the Authority held that section 2429.5 of the Authority's regulations barred the agency's contrary to law exception. The Authority noted under section 2429.5 of its regulations, it will not consider issues that could have been, but were not, presented to the arbitrator.