38:0943(79)AR - - FDIC, Chicago Region, Chicago, IL and NTEU - - 1990 FLRAdec AR - - v38 p943

38 FLRA No. 79

Before Chairman McKee and Members Talkin and Armendariz.

I. Statement of the Case

This case is before the Authority on exceptions to the interest arbitration award of Arbitrator Roger P. Kaplan filed by the Agency under section 7122(a) of the Federal Service Labor-Management Relations Statute (the Statute) and part 2425 of the Authority's Rules and Regulations. The Union filed an opposition to the Agency's exceptions.

As relevant here, the Arbitrator directed the parties to adopt a provision requiring the Agency to reimburse unit employees for certain travel expenses. The Agency asserts that the portion of the Arbitrator's award encompassing this provision is deficient because the Arbitrator exceeded his authority by resolving a duty to bargain dispute and because the provision is contrary to law.

For the followi