File 2: Opinion of Chair Segal
[ v55 p472 ]
Phyllis N. Segal, Chair, Concurring
I agree with my colleagues that the Arbitrator's original award is not deficient because the Union's arguments concerning the settlement agreement were not raised in the arbitration proceeding, and therefore may not be raised to the Authority. This conclusion depends on the validity of the Arbitrator's supplemental award, which the Union excepts to here. I write separately to explain why I find that the supplemental award is not deficient.
The unusual posture of this case results from the Authority's remand following the Union's earlier exceptions to the original award. VA, Birmingham, 52 FLRA at 1483. In its decision on those exceptions, the Authority determ