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56 FLRA No. 11
AFGE, Local 2635 and U.S. Dept. of the Navy Naval Computer Telecommunications Station Cutler, Maine (Croasdale, Arbitrator), 0-AR-3126 (Decided February 29, 2000)
The Arbitrator sustained in part and denied in part a grievance seeking environmental differential pay (EDP) for bargaining unit employees, finding that 14 out of 56 grievants were eligible for EDP as a result of asbestos exposure. The Authority concluded that the Union did not establish that the award was deficient.
The Authority rejected the allegation that the Arbitrator improperly excluded eligible grievants. The Authority found that this was a challenge to the Arbitrator's determination of procedural arbitrability, and that as such it was subject to challenge only on grounds other than those that directly challenge itself. Such grounds include bias on the part of the arbitrator or a showing that the arbitrator exceeded his authority. The Authority also rejected the allegation that the award was based on a ··___··nonfact, that it was contrary to law, that the Arbitrator exceeded his authority, or that he failed to conduct a fair hearing.