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60 FLRA No. 6
U. S. Dept of Veterans Affairs, New York Regional Office, New York, New York and AFGE, Local 1151 (Cohen, Arbitrator) 0-AR-3784 (Decided June 17, 2004)
The Arbitrator found that the Agency failed to prove that it had just cause to reprimand the grievant, and he sustained the grievance. The Arbitrator also found that a settlement agreement between the Agency and the grievant was invalid.
The Authority set aside the portion of the award regarding the settlement agreement, and denied the remaining exceptions. The Authority found that the award was not based on nonfacts and that the Arbitrator did not exceed his authority by declining to address whether the grievant was at lunch during the incident. However, the Authority found that the Arbitrator exceeded his authority by addressing the validity of the settlement agreement.