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59 FLRA No. 150
U. S. Dept. of The Air Force, Dover Air Force Base, Delaware and AFGE, Local 1709, (Mastriani, Arbitrator) 0-AR-3749 (Decided April 12, 2004)
The Authority found that the award was not contrary to law and denied the Agency's exceptions. The Agency argued that the Arbitrator was legally obligated to find that the award was granted to the Agency and that, accordingly, the Union should bear all of the Arbitrator's fees and expenses.
The Authority found that the Agency did not establish that there was a law, rule or regulation requiring that Article 23, Section 7 be interpreted in any particular way. Accordingly, the Authority concluded that the Agency failed to establish that the Arbitrator's interpretation of the provision was contrary to law. The Authority also rejected the allegation that the award failed to draw its essence from the parties' agreement.