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58 FLRA No. 83
SSA, Office of Hearings and Appeals Falls Church, Virginia and International Federation of Professional and Technical Engineers Association of Administrative Law Judges 0-AR-3660 (Arrigo, Arbitrator) (Decided December 15, 2003)
The Arbitrator determined that the Agency violated the parties' collective bargaining agreement by failing to consider incumbent administrative law judges for reassignment before hiring new judges for various office locations. The Authority found that two of the Agency's exceptions were barred by § 2429.5 of the Authority's Regulations and that the other exception provided no basis for finding the award deficient.
Section 2429.5 bars Authority consideration of any issues that could have been, but were not, presented to the arbitrator. The Authority also rejected the allegation that the award failed to draw its essence from the collective bargaining agreement.