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58 FLRA No. 86
U. S. Environmental Protection Agency Region 2 and AFGE, Local 3911 (Richman, Arbitrator) 0-AR-3659 (Decided December 15, 2003)
The Authority concluded that the Arbitrator's award was contrary to law in part and that the Arbitrator exceeded his authority in fashioning a part of the remedy. The award was set aside in part.
The Authority found that the portion of the award concerning the sufficiency of the FES was deficient as contrary to law and set aside that part of the award. The Authority also found that the award was deficient to the extent that the Arbitrator exceeded his authority by ordering a posting of a notice encompassing employees other than the grievant and set aside that part of the award as well. The Authority rejected allegations that the Arbitrator failed to conduct a fair hearing, or that the award was based on nonfacts