File 2: Opinion of Member Pope
[ v59 p618 ]
Dissenting Opinion of Member Carol Waller Pope:
The majority declines to follow controlling precedent, based on a wholly unsupported finding that the Arbitrator lacked authority not only to interpret the parties' agreement but also to clarify the meaning of his own words. Accordingly, I dissent.
In my view, Corps of Eng'rs, United States Army Eng'r Dist., New Orleans, La., 17 FLRA 315, 315-16 (1985) (Corps of Eng'rs), directly controls here and demonstrates that the Arbitrator clarified, rather than modified, the original award. In Corps of Eng'rs, the Authority found that it was appropriate for an arbitrator to clarify that a letter of warning was