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59 FLRA No. 120
Social Security Administration, Boston, Region 1 And AFGE, Local 1164 (Croasdale, Arbitrator) 0-AR-3726 (Decided February 20, 2004)
The Agency suspended the grievant for 2 days. The Arbitrator found that the suspension was excessive and reduced it to counseling. The Authority remanded the case to the parties.
The Authority found that the Arbitrator's failure to expressly address whether the Agency had just cause to discipline the grievant presented a critical ambiguity in the award. Thus, the matter was remanded to the parties for resubmission to the Arbitrator, absent settlement, to have the Arbitrator clarify his award to specify whether the Agency had just cause to discipline the grievant.