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57 FLRA No. 138
U. S. Dept. of The Navy, Naval Sea Logistics Center, Detachment Atlantic, Indian Head, Maryland and AFGE, Local 1923 (Evans, Arbitrator), 0-AR-3441 (Decided January 31, 2002)
The Arbitrator found that the Agency did not discriminate against the grievant based on race when it denied the grievant a temporary promotion. The Arbitrator, nevertheless, ordered the Agency to review its affirmative action obligations. The Authority found that the portion of the award ordering the Agency to review its affirmative action obligations was deficient and set aside that portion of the award.
The Authority explained that arbitrators exceed their authority when they fail to resolve an issue submitted to arbitration, resolve an issue not submitted to arbitration, disregard specific limitations on their authority, or award relief to those not encompassed within the grievance. In the absence of a stipulated issue, the arbitrators formulation of the issue is accorded substantial deference. Here, the Authority concluded that the arbitrator exceeded his authority by deciding, and awarding a remedy concerning an issue not submitted to arbitration.