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Arbitration Digest Series

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57 FLRA No. 193

U. S. Dept. of Veterans Affairs, Northern Arizona Veterans Administration Health Care System Prescott, Arizona and AFGE, Local 2401 (White, Arbitrator), 0-AR- 3498 (Decided July 5, 2002)

      The Arbitrator found that the Agency improperly disciplined the grievant and issued a remedial order. The Authority concluded that in issuing a portion of his remedial order, the Arbitrator exceeded his authority. The award was modified.

      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. The Authority further explained that it has consistently held that arbitrators must confine their decisions and possible remedies to those issues submitted to arbitration for resolution and must not dispense their own brand of industrial justice. In this case, the portion of the award that concerned reinstatement of the grievant and her options as to the buyout were not confined to those matters properly before the Arbitrator.



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