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Arbitration Digest Series

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58 FLRA No. 73

U. S. Dept. of The Army, Blue Grass Army Depot, Richmond, Kentucky and International Association of Machinists and Aerospace Workers, Local Lodge 859 (Allen, Arbitrator), 0-AR-3526 (Decided January 24, 2003)

      The Arbitrator found that the Agency violated the parties' agreement by holding the grievant financially liable for damages he caused to a government-owned truck. As a remedy, the Arbitrator rescinded the grievant's financial liability. The Authority denied the Agency's exception.

      The Authority concluded that the award was based on a separate and independent ground, to which the Agency did not except. The Authority noted that where an arbitrator has based an award on separate and independent grounds, an appealing party must establish that all of the grounds are deficient in order to have the award found deficient. In this case, the Authority found that the Agency's exception disputed only one of those grounds. The Agency did not alleged, or demonstrated, that the Arbitrator also erred in concluding that the grievant was subject to disparate treatment.



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