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57 FLRA No. 79
American Federation of Government Employees, National Council of EEOC, Locals 216 and Equal Employment Opportunity Commission, Washington, D.C. (Helburn, Arbitrator), 0-AR-3417 (Decided July 31, 2001)
The Authority explained that under § 7122(a) of the Statute, an award is deficient if it is contrary to any law, rule, or regulation; or it is deficient on other grounds similar to those applied by federal courts in private sector labor-management relations.
In this case, after careful consideration of the entire record, the Authority concluded that the award was not deficient on the grounds raised in the exception and set forth in § 7122(a). The Authority noted that an arbitrator's determination of the procedural arbitrability of a grievance is subject to challenge only on grounds other than those that directly challenge the procedural arbitrability determination.