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58 FLRA No. 91
U. S. Dept. of the Air Force, U. S. Air Force Academy Colorado Springs, Colorado and AFGE, Local 1967 (Evenson, Arbitrator)
The Authority noted that in order for an award to be found deficient as failing to draw its essence from the parties' collective bargaining agreement, it must be established that the award: (1) cannot in any rational way be derived from the agreement; (2) is so unfounded in reason and fact and so unconnected with the wording and purposes of the agreement as to manifest an infidelity to the obligation of an arbitrator; (3) does not represent a plausible interpretation of the agreement; and (4) evidences a manifest disregard of the agreement.
The Authority further noted that an award requiring an agency to pay all the costs and expenses of an arbitration proceeding failed to draw its essence from a contractual provision that required the arbitrator's fees and expenses to be borne equally by the parties.
Accordingly, the Authority found that the Arbitrator's award as to costs was deficient under § 7122(a)(2) of the Statute because it failed to draw its essence from Article 40, Section G.d. of the parties' collective bargaining agreement. The remainder of the award was not deficient. The award was modified accordingly.