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57 FLRA No. 136
American Federation of Government Employees, National Council of EEOC Locals No. 216 and Equal Employment Opportunity Commission (Shieber, Arbitrator), 0- AR-3468 (Decided January 31, 2002)
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. After reviewing the record, the Authority concluded that the award was not deficient on the grounds raised in the exceptions and set forth in § 7122(a).
The Authority noted that an award is not deficient on ground that arbitrator exceeded his authority where excepting party does not establish that arbitrator failed to resolve an issue submitted to arbitration, disregarded specific limitations on his authority, or awarded relief to persons not encompassed within the grievance. The Authority added 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.