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60 FLRA No. 80
U. S. Dept. of the Treasury, IRS, Kansas City Field Compliance Service and NTEU, Chapter 66 (Barnard, Arbitrator) 0-AR-3826 (Decided November 16, 2004)
The Arbitrator found that the Agency violated the parties' agreement when it refused to process a grievance over an evaluative recordation. To remedy the violation, the Arbitrator ordered the Agency to comply with the parties' agreement and process grievances over evaluative recordations. The Authority denied the Agency's exceptions.
The Authority rejected the allegations that the award was based on nonfacts, or that it failed to draw its essence from the parties' agreement. The Authority also found that the Agency's contrary to law exception was not properly before the Authority. The Authority noted that under 5 C.F.R. § 2429.5, issues that could have been but was not presented before an arbitrator will not be considered by the Authority. The Authority found no evidence in the award or the record that the Agency ever argued to the Arbitrator that interpreting the parties' agreement to permit grievances over evaluative recordations would violate its rights under § 7106(a) of the Statute.