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59 FLRA No. 168
NAGE, Local R3-77 and Pension Benefit Guaranty Corporation, Washington, D.C. (Kaplan, Arbitrator) 0-AR-3561 (Decided May 12, 2004)
The Arbitrator directed the parties to adopt provisions concerning grievances, interim negotiations, and leave. The Authority found that the award was not contrary to law and denied the exceptions.
The Authority found that the Union did not waive its right to file exceptions noting that a waiver of a party's statutory right to file exceptions to an arbitrator's award under § 7122(a) of the Statute must be clear and unmistakable. As to the merits, the Authority found the portions of the award directing the parties to adopt Provisions 1 and 2 were not contrary to law. The Authority noted that provisions concerning permissive subjects of bargaining are not contrary to law. The Authority also noted that permissive contract provisions imposed by an interest arbitrator are fully enforceable.