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57 FLRA No. 54
United States Information Agency Broadcasting Board of Governors Washington, D.C. and AFGE, Local 1812 (Clark, Arbitrator), 0-AR-3318h (Decided June 13, 2001)
The Arbitrator determined that the Agency improperly disciplined the grievant using the procedures set forth in 5 U.S.C. § 7501. The Authority remanded the award to the parties for resubmission to the Arbitrator, absent settlement, for further proceedings consistent with this decision.
The Authority found that the Arbitrator's determination that Chapter 75 was not available to the Agency in the circumstances of this matter was inaccurate, however, it was unable to determine whether, applying Chapter 75, the Arbitrator would have still find the suspension improper. As such, the matter was remanded for the Arbitrator's assessment of the Agency's actions consistent with applicable laws, rules, regulations and any pertinent contract provisions.