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56 FLRA No. 187
AFGE, Local 2501 and U.S. Dept. of Defense, Defense Logistics Agency, Defense Distribution Center, New Cumberland, Pennsylvania (Cocalis, Arbitrator), 0-AR- 3352 (Decided January 26, 2001)
The Arbitrator determined that the Union breached a settlement agreement. The Authority concluded that the Union failed to establish that the award was deficient.
The Authority found that the remedy was not contrary to law, noting that even though the Bankston award may have become final and binding, parties are free to agree to modify a final and binding award. The Authority further noted t that a union may contractually waive its rights under the Statute and an arbitrator may enforce that waiver. Even if Bankston's award was correct and no basis was provided for finding it deficient, the Union agreed to forego the benefits of all pending third-party proceedings. Accordingly, the award was not contrary to law. The Authority also concluded that the remedy did not exceed Arbitrator Cocalis' authority, nor that the award was based on a nonfact, or that it failed to draw its essence from the agreements.