61 FLRA No. 2

U.S. DEPT. OF HOMELAND SECURITY, U.S. CUSTOMS AND BORDER PROTECTION, U. S. BORDER PATROL, EL PASO, TEXAS AND AFGE, LOCAL 1929 NATIONAL BORDER PATROL COUNCIL (Helburn, Arbitrator) 0-AR-3896 (June 3, 2005)

The Authority set aside the award and remanded the matter to the parties for resubmission to the Arbitrator, absent settlement, for a decision on the merits of the grievance. The Authority determined that the Arbitrator erred in finding that there was not just and sufficient cause for the discipline based on his finding of a due process violation, consistent with Authority precedent, and that the Arbitrator did not address the merits of the grievance.