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55 FLRA No. 28
U.S. Dept. of Defense, Defense Commissary Agency Norfolk, Virginia and NAGE, Local R4-45 (Sherman, Arbitrator), 0-AR-3110 (Decided January 29, 1999)
The Authority concluded that the award was not deficient. The Authority rejected the Agency's reliance on MSPB case law. The Authority noted that it has repeatedly held that arbitrators are bound by the same substantive standards as the Merit Systems Protection Board (MSPB) only when resolving grievances concerning actions covered by 5 U.S.C. §§ 4303 and 7512. The actions taken by the Agency in this case were not covered under 5 U.S.C. § 4303 or 7512. Therefore, the Arbitrator was not bound to follow the same substantive standards that the MSPB follows.