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59 FLRA No.112
Social Security Administration Region 1, Boston, Massachusetts and AFGE, Local 1164 (Van Dorr, Arbitrator) 0-AR-3677 (Decided January 30, 2004)
The Arbitrator ordered the grievant's 2-day suspension converted to a written warning. Subsequently, upon request of the Union, the Arbitrator issued a Remedy Clarification that substituted an official reprimand for the written warning. The Authority found that the Arbitrator was not authorized to clarify the award and that the original award was deficient.
Under the principle of functus officio, once an arbitrator has accomplished the resolution of the matter submitted, the arbitrator is without further authority. Accordingly, unless an arbitrator retains jurisdiction after issuance of the award, the arbitrator has no authority to take any further action without the joint request of the parties. The Authority further noted that under certain limited circumstances, an arbitrator has authority to clarify or correct an ambiguous award, but the clarification must conform to the arbitrator's original findings. An arbitrator may also correct clerical mistakes or obvious errors in arithmetical computations.
As to this case, the Authority found that in the absence of a joint request from the parties, the Arbitrator had fulfilled his functions and was functus officio after he issued his March 12, 2003 award. He was not authorized to issue the award of April 4, 2003. Accordingly, the April 4 award was set aside. The Authority also found that the original award was deficient because it failed to draw its essence from the agreement.