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57 FLRA No. 7
American Federation of Government Employees, Local 3615 and Social Security Administration, Office of Hearings and Appeals, Falls Church, Virginia (Kaplan, Arbitrator), 0-AR-3360 (Decided March 28, 2001)
The Arbitrator found that the Agency overpaid the grievant. The Arbitrator recommended that the Agency deny the grievant's request that it waive its claim to the overpayment, but that the Agency waive a payment penalty and administrative costs. The Authority found that the Union failed to show that the award was deficient.
With regards to the allegation that the award was contrary to law, the Authority found that the Union failed to show that the Arbitrator's determination that the standard for waiver had not been met was contrary to 5 U.S.C. § 5584 or its implementing regulations. The Authority noted that the Union did not demonstrate that the Agency's collection of the overpayment would be against equity and good conscience and not in the best interests of the United States. Thus, the Authority concluded that the Union did not establish that the standard for waiver had been met.··___··The Arbitrator considered the grievant's payment of taxes, and the Union's allegations of Agency mistakes, misinformation and failure to respond to the grievant's inquiries, in concluding that waiver of the overpayment was not warranted. The Authority also rejected the allegations that the Arbitrator exceeded hiss authority, that he failed to provide a fair hearing, or that the award was based on a nonfact.