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57 FLRA No. 94
Social Security Administration, Baltimore, Maryland and AFGE, Local 1923 (Jascourt, Arbitrator), 0-AR-3358 (Decided September 28, 2001)
The Arbitrator sustained a grievance which alleged that the Agency violated the parties' agreement by improperly denying the grievant the opportunity to work overtime. The Authority denied the Agency's exceptions.
The Authority found that the award did not affect management's right to assign work. The Authority also found that the award was not deficient based on the Arbitrator's credibility determinations. In this regard the Authority noted that it has consistently held that exceptions which constitute disagreement with an arbitrator's evaluation of evidence and testimony presented, especially the credibility of witnesses and the weight to be given their testimony, provide no basis for finding an award deficient.
Additionally, the Authority found that the Arbitrator made sufficient findings to support the order of backpay, consistent with the Act, thus rejecting the Agency's claim that the award did not meet any of the requirements under the Back Pay Act. Also rejected was the claim that the award was based on a nonfact.