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57 FLRA No. 196
U. S. Dept. of The Navy, Commander, Military Sealift Command, Washington, D.C. and International Organization of Masters Mates and Pilots (Harris, Arbitrator), 0- AR-3521 (Decided July 10, 2002)
The Arbitrator sustained a grievance alleging that the Agency violated the parties' collective bargaining agreement and an agency regulation by paying the grievant at an improper rate when assigned ashore. The Authority concluded that the award was deficient under § 7122(a) of the Statute.
Preliminarily, the Authority refused to review on appeal issues that were not presented at the hearing under § 2429.5 of its regulations. As to the merits, the Authority concluded that the Arbitrator's award, which was based on a portion of the regulation that applied to positions aboard a ship, was inconsistent with section 5 of the regulation, regarding the establishment of positions and pay rates ashore. Thus, it was set aside.