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60 FLRA No. 53
AFGE, National Council of Field Labor Locals and U. S. Dept. of Labor, Philadelphia, Pennsylvania (O'Beirne, Arbitrator) 0-AR-3804 (Decided September 15, 2004)
The Arbitrator denied, in part, the Union's grievance alleging that the Agency's new performance standards and elements violated the parties' agreement, law or governing regulations. The Arbitrator found that the Union's remaining claims were not ripe for adjudication. The Authority denied the exceptions.
Preliminarily, the Authority stated that it did not consider the Union's exception on this matter because it was not presented in the proceedings before the arbitrator. On the merits, the Authority found that the Union did not establish that the award was contrary to law or regulation. The Authority also rejected the allegations that the award failed to draw its essence from the parties' agreement, that it was based on a nonfact, that the arbitrator exceeded his authority, and that he failed to conduct a fair hearing.