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57 FLRA No. 186
National Labor Relations Board, Tampa, Florida and National Labor Relations Board Union (Bairstow, Arbitrator), 0-AR-3496 (Decided June 20, 2002)
The Arbitrator found that the Agency, through the actions of its Assistant Regional Director (ARD), did not engage in harassment and discrimination of the grievant because of his union activity. However, the Arbitrator directed that the Regional Director assign the supervision of the grievant's work to a different supervisor in the future. The Authority set aside that portion of the award because it exceeds the Arbitrator's authority.
In this case, the Authority found that the Arbitrator properly decided the merits of the grievance before her, however, by further ruling that the grievant's work be decided by a different manager, the Arbitrator exceeded her authority by deciding, and awarding a remedy concerning an issue not submitted to arbitration. The Authority found that the portion of the remedy requiring the Agency to have a different manager decide the resolution of the grievant's cases was not sufficiently linked to the resolution of the issues as framed by the Arbitrator.