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Arbitration

The labor relations statute requires that collective bargaining agreements between agencies and unions establish grievance procedures that an employee, union or agency can use to pursue a workplace dispute. If the dispute involves an EEO complaint, a serious disciplinary action, or an Unfair Labor Practice that can be filed under an EEOC complaint procedure, as an MSPB appeal, or as a ULP with an FLRA Regional Office, the employee may choose between the grievance procedure or another statutory procedure.

The last step in the negotiated grievance process is binding arbitration, conducted by an arbitrator whose services are paid for by the union and/or the agency. Arbitration may be invoked by an agency or a union, but not an individual employee.

Once an arbitrator issues an award, either an agency or a union may appeal the arbitrator's decision by filing an "exception" to the arbitrator's award with the Authority within 30 days. Exceptions are filed with the Case Control Office. The Authority's review of an arbitrator's award is very limited, and the grounds for appeal are specified in the regulations. Information that would be helpful in filing exceptions to an arbitrator's award is found in the regulations and the Check List For Filing an Arbitration Appeal With The Authority. Specific questions about exceptions can be directed to the Authority's Case Control Office. Information about how the Authority has resolved particular kinds of disputes over arbitration awards can be obtained from the Authority's Decisions. Unless an unfair labor practice is involved, the Authority's decision is final and binding and may not be appealed to any court.

Once an arbitrator's decision has become final and binding, the refusal of a party to comply with the award may constitute a ULP. In such situations, enforcement of the award may be accomplished by filing a ULP charge with an FLRA Regional Office.


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