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56 FLRA No. 101
American Federation of Government Employees Local 1501 and U.S. Dept. of The Air Force McChord Air Force Base, Washington (Miller, Arbitrator), 0-AR-3249 (Decided September 12, 2000)
The Arbitrator found that the Agency had just cause to orally admonish the grievant. The Authority denied the Union's exceptions. The Authority noted that section 2429.5 of its Regulations precludes it from considering issues that could have been, but were not, raised before the arbitrator. The Authority also found that the Arbitrator conducted a fair hearing and noted that an arbitrator's limitation of the submission of evidence does not, by itself, demonstrate that the arbitrator failed to provide a fair hearing.
Additionally, the Authority found that the Arbitrator did not exceed his authority and rejected the allegations that the award failed to draws its essence from the agreement, or that it was based on a nonfact. The Authority also concluded that the Arbitrator did not err by finding that the second grievance was untimely.