Click here to view the decision.
57 FLRA No. 55
Social Security Administration, Boston Region (Region 1), Lowell District Office, Lowell, Massachusetts and AFGE, Local 1164, 0-AR-3176 (Cooper, Arbitrator) (Decided June 13, 2001)
The Arbitrator determined that the Agency violated various provisions of the parties' agreement, and directed the Agency to cease and desist from searching the overhead bins within the grievant's work cubicle without prior written authorization from the Area Manager or Assistant Area Manager. The Arbitrator also directed the Agency to reassign the grievant to a different supervisor. The Authority found that the portion of the award directing the Agency to reassign the grievant to a different supervisor was deficient and modified the award accordingly.
The Authority first found that the Arbitrator did not exceed his authority, noting that an arbitrator exceeds his or her authority when the arbitrator fails to resolve an issue submitted to arbitration, resolves an issue not submitted to arbitration, disregards specific limitations on his or her authority, or awards relief to persons who are not encompassed within the grievance. In this case, the Agency provided no basis for finding that the Arbitrator exceeded his authority.
As to the portion of the award directing reassignment of the grievant to a different supervisor, the Authority found that the issue was not moot, but it was in violation of management's right to assign employees. Lastly, the Authority rejected the allegations that the award failed to draws its essence from the parties' agreement, or that it was based on a nonfact.