Click here to view the decision.
55 FLRA No. 29
U.S. Dept. of the Air Force, Air Force Materiel Command, Wright-Patterson Air Force Base, Wright-Patterson, Ohio (Ilivicky, Arbitrator), 0-AR-3049 (Decided January 29, 1999)
The Authority concluded, in this case, that the award was not base on a nonfact, as alleged. It also concluded that the Arbitrator did not exceed his authority. The Authority noted that an arbitrator exceeds his or her authority when the arbitrator fails to resolve an issue submitted to arbitration, resolves an issue not submitted to arbitration, disregards specific limitations on his or her authority, or awards relief to persons who are not encompassed within the grievance.
The Authority found that there was no clear indication in the record that the parties stipulated the issues to be resolved by the Arbitrator. In the absence of a stipulation by the parties, an arbitrator's formulation of the issues is given substantial deference. In this case, the Arbitrator formulated the issues to be resolved. The Authority found that the award was responsive to the issue as framed.
As to the last issue raised, the Authority noted that it was unable to determine from the award whether the Arbitrator intended the jointly determined alternative process to constitute the only method by which affected candidates can be promoted. Thus, the portion of award directing the Agency to jointly determine whether alternative promotion action was appropriate, was remanded to the parties for resubmission to the Arbitrator, absent settlement, for clarification of the basis of the award.