File 2: Opinion of Member Pope
[ v60 p588 ]
Dissenting Opinion of Member Pope:
I disagree with the majority that the Arbitrator exceeded his authority. Therefore, I dissent.
The Authority has long afforded arbitrators substantial deference in interpreting the issues to be decided in arbitration, particularly in the absence of a stipulation by the parties. See United States Dep't of Transp., Fed. Aviation Admin., Chicago, Ill., 41 FLRA 1441, 1448 (1991). The law is clear in this regard that, in formulating and resolving the issues before them, arbitrators may rely on the arguments raised before them by the parties. See, e.g., United States Dep't of Health and Human Serv., SSA, Office of Hearings and Appeals, 48&nb