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55 FLRA No. 14
Sport Air Traffic Controllers Organization and U.S. Dept. of the Air Force Air Force Flight Test Center Edwards Air Force Base, California (Hales, Arbitrator), 0-AR-3043 (Decided December 31, 1998)
The Authority construed the Union's exceptions as a contention that the Arbitrator exceeded 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 in the instant case, the parties did not stipulate the issue. Accordingly, the Arbitrator was free to formulate one. In the absence of a stipulation by the parties of the issue to be resolved, an arbitrator's formulation of the issues is given substantial deference.
The Authority found that the award was responsive to the issue as formulated by the arbitrator. Additionally, the Authority noted that to the extent that the Union was disagreeing with the evaluation of the evidence, such disagreement provided no basis for finding that the Arbitrator exceeded his authority or that the award was otherwise deficient.