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60 FLRA No. 10
Social Security Administration Baltimore, Maryland and AFGE, Council 220 (Feigenbaum, Arbitrator) 0-AR-3736 (Decided June 18, 2004)
The Arbitrator found that the Agency violated the parties' national agreement by failing and refusing to recognize an employee as a designated Council 220 representative and by denying official time to that employee. The Arbitrator also found that these violations constituted an unfair labor practice under § 7116 of the Statute. The Authority denied the exception.
Preliminarily, the Authority noted that a waiver of a party's statutory right to file exceptions to an arbitrator's award under § 7122(a) of the Statute must be clear and unmistakable. The Authority proceeded to consider the Agency's exception holding that its failure to file exceptions to the prior award did not constitute a clear and unmistakable waiver of it right under the Statute to file exceptions to the award now before the Authority. As to the merits, the Authority concluded that the award did not affect the Agency's right to refuse to expend appropriated funds for purposes not authorized by law.