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57 FLRA No. 187
AFGE, Local 1592 and U. S. Dept. of the Air Force, Hill Air Force Base, Utah (Watkins, Arbitrator), 0-AR-3451 (Decided June 21, 2002)
The Arbitrator denied a grievance alleging that the Agency failed to implement an agreement settling the grievant's equal employment opportunity (EEO) complaint. Specifically, the Arbitrator found that the grievant could not file a grievance over the Agency's alleged failure to implement that settlement agreement because she had agreed, in the settlement agreement, to pursue relief through the statutory EEO procedures. For the reasons that follow, we deny the Union's exception.
The Authority concluded that the employee agreed to elect to use statutory EEO procedures to pursue her claim that the Agency failed to comply with the terms of the settlement agreement. Consequently, the Arbitrator's enforcement of that election did not establish that the award conflicted with § 7121(d).