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57 FLRA No. 78
U.S. Dept. of Veterans Affairs Eastern Kansas Health Care System and NFFE, Local 1765 (Pelofsky, Arbitrator), 0-AR-3366 (Decided July 31, 2001)
The Arbitrator issued an underlying award and subsequently sent a bill for his services to the parties, split equally. The Union did not pay its share and when contacted by the Arbitrator, claimed that the parties' agreement mandated that an arbitrator's fees be paid by the losing party. More than 9 months after the initial assessment of fees, the Arbitrator issued a supplemental award titled "Proportional Assessment of Fees," to which the Agency excepted. The Authority set aside the Arbitrator's supplemental award.
The Authority noted 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. Here, the Authority found that as the issue of the allocation of arbitral fees was never submitted to the Arbitrator for resolution therefore, the Authority concluded that the Arbitrator exceeded his authority by issuing a supplemental award reapportioning his fees.